Duterte’s camp seeks interim release from ICC custody

Former Philippine President Rodrigo Duterte’s defense team formally submitted a request for his interim release from the International Criminal Court (ICC) , citing humanitarian factors and asserting he poses no flight risk.
The submission, posted on the ICC’s official website by Duterte’s counsel Nicholas Kaufman, seeks the former president’s provisional release to an unspecified location. The document indicates that a particular government, which remains undisclosed, has expressed its “advance and principled agreement” to receive Duterte.
Kaufman argued that Duterte does not meet the conditions typically required for continued pre-trial detention. His defense team emphasized that Duterte is not a flight risk, will not imperil court proceedings, and will not continue to commit crimes. They further contended that the prosecution has not presented recent or substantial security threats to witnesses. Given that the alleged crimes occurred during his presidency, the defense asserted that Duterte “does not command the same influence or power he is said to have abused.”
The defense also highlighted Duterte’s advanced age as a humanitarian factor that should sway the Court’s decision, noting that the ICC has a history of granting provisional release on such grounds. In addition to the interim release, the defense team has requested a shortened deadline for any responses or observations to their submission.
This appeal follows the ICC’s recent rejection of Duterte’s application to disqualify two judges, Judge Alapini-Gansou and Judge Flores, from hearing the jurisdiction issue in his case. That decision, signed by Judge Tomoko Akane, was dated June 9, 2025.
Duterte was arrested on March 11 upon his arrival from Hong Kong, at the request of the ICC, which is investigating his “war on drugs” campaign during his presidency. The ICC warrant alleges that the 80-year-old former leader created, funded, and armed death squads responsible for murders of purported drug users and dealers. He was brought to The Hague on the day of his arrest and appeared via video link before ICC judges on March 14. He is currently set to attend a hearing on September 23 to confirm the charges against him.