The International Criminal Court (ICC) prosecution has firmly opposed former Philippine President Rodrigo Duterte’s request for temporary release, warning that his history of hostile outbursts, threats, and continued political influence pose serious risks to the integrity of the judicial process.
In a 15-page filing dated June 23, ICC Deputy Prosecutor Mame Mandiaye Niang rebuffed the defense team’s plea to grant Duterte interim liberty on humanitarian grounds, primarily due to his age. Duterte, 80, is currently detained in The Hague, facing charges of crimes against humanity for thousands of extrajudicial killings linked to his violent war on drugs.
The prosecution’s response to the June 12 petition highlights Duterte’s combative conduct during his arrest, his ongoing refusal to acknowledge the court’s legitimacy, and even the reported aggression of his partner, Honeylet Avanceña, toward law enforcement officers.
‘A man who threatened a shootout’
The OTP pointed to Duterte’s incendiary statements prior to his arrest, including threats of a “shootout” and his declaration that ICC personnel would have to “kill” him before he surrendered. Prosecutors said these remarks cast serious doubt on his commitment to honor any court-imposed conditions should he be released to a third country.
The former president’s legal team had proposed his release to an undisclosed ICC member state, but prosecutors revealed no such agreement was ever made. “For absolute clarity, the prosecution has not agreed in any way to conditions for interim release to [any country] other than [redacted],” the OTP emphasized.
Partner’s alleged assault adds to concerns
Compounding their argument, prosecutors cited an incident during Duterte’s arrest at Villamor Air Base in March, where Avanceña allegedly assaulted a police officer by striking them with a mobile phone—an act prosecutors said demonstrates resistance not just from Duterte but also his inner circle.
“The conduct of Mr. Duterte and those close to him reveals a pattern of defiance toward lawful authority,” the filing stated. “Such behavior undermines any claim that he can be trusted to appear at trial if released.”
A power structure still intact
Despite no longer holding national office, the prosecution argued Duterte remains deeply embedded in the Philippine political and military fabric. His daughter, Vice President Sara Duterte, remains a prominent figure with strong military affiliations and has publicly condemned her father’s arrest.
Moreover, prosecutors noted that Duterte had recently won re-election as Davao City mayor, reflecting his sustained influence and loyal base. This political leverage, they warned, could be used to interfere with witnesses, intimidate victims, or escape justice.
“His considerable domestic power—bolstered by allies still occupying high positions—poses a real and substantial risk to the court’s proceedings,” the OTP stated, arguing that such risks could not be mitigated by any third country.
No grounds for release, prosecutors say
The OTP concluded that Duterte’s detention remains essential under Article 58 of the Rome Statute, which authorizes the arrest of a suspect to ensure court appearance, prevent obstruction, and safeguard victims and witnesses.
Dismissing defense claims that an unnamed state was willing to host Duterte under strict supervision, the prosecution insisted no viable or enforceable arrangement had been established. Instead, they argued that granting interim release under such vague conditions could irreparably harm the credibility of the ICC.
Duterte’s confirmation of charges hearing is scheduled for September 23. There, ICC judges will determine whether sufficient evidence exists to move forward to trial—a proceeding that could mark a historic moment in international justice, particularly for a former head of state accused of widespread human rights abuses.
As the case progresses, prosecutors appear intent on keeping Duterte in detention, portraying him not just as a former leader facing justice, but as a volatile figure whose defiance, network of power, and capacity for disruption remain very much intact.