The International Criminal Court (ICC) has rejected former President Rodrigo Duterte’s request for interim release, citing risks Duterte might continue committing alleged crimes against humanity.
Duterte’s political network, including ties to family members seated in government, was among the court’s considerations in such risks, according to the 23-page order released by the ICC Registry on Friday, Oct. 10.
In his initial June 12 request for interim release, Nicholas Kaufman, Duterte’s legal counsel, argued it is “highly abstract” that Duterte can still commit the alleged crimes charged against him, saying over six years have passed since his presidency.
However, considering the “position of power” of Duterte’s son, acting Davao City Mayor Sebastian “Baste” Duterte, such risk still exists even if the former president were to be released to host countries outside his alleged crimes’ geographic scope, ICC said.
Baste Duterte was elected Davao City’s current vice mayor, but has acted in place of his father since Rodrigo Duterte’s reelection as mayor in the May 2025 midterm elections.
“Should he return to Davao City, Mr. Duterte would be placed in the very position that allowed him to commit the crimes for which his arrest and surrender to the Court was initially sought,” the court’s decision read.
ICC also quoted the former president confessing he will “double” the killings if reelected as Davao City mayor during a House quad committee hearing on his drug war in November 2024.
Besides this risk, Duterte’s inability to attend court proceedings may also obstruct investigations if granted interim release, ICC added.
On Oct. 1, the Senate adopted a resolution urging ICC to place Duterte under house arrest, citing concerns for the 80-year-old’s health.
The court, however, said Duterte’s allegedly “poor” physical condition does not remove the said risks, claiming the former head of state is given appropriate medical attention and allowed visitations from family members while in detention.
Duterte remains detained at The Hague Penitentiary Institution in Scheveningen, Netherlands, on charges of crimes against humanity, which claimed the lives of approximately 30,000 Filipinos, according to human rights groups.
As reported by media outlets, Kaufman told reporters the defense team had already filed an appeal to ICC’s decision “a week ago,” as the decision’s public version was only released Friday.
