NATIONAL
Advocates Philippines
Duterte Seeks Interim Release Abroad; Victims' Counsel Expresses Alarm As ICC Prosecutor Does Not Oppose
Photo credit: ICC
Former Philippine President Rodrigo Duterte has formally requested interim release from International Criminal Court (ICC) custody to an undisclosed country, which has reportedly agreed to host him under strict conditions, according to a 16-page urgent filing submitted on June 12 by his lead counsel, Atty. Nicholas Kaufman.
The move marks a significant development in the ongoing proceedings related to alleged crimes against humanity during Duterte’s controversial “war on drugs.” The request was made under Article 60(2) of the Rome Statute, which allows interim release if the conditions for continued detention are no longer met.
In a statement within the filing, Kaufman disclosed that the Office of the Prosecutor has expressed non-opposition to Duterte’s interim release—a rare stance in such high-profile cases—provided that a set of terms and conditions, outlined in a confidential annex, are strictly observed. These terms are understood to include provisions meant to neutralize the risk factors typically cited under Article 58(1)(b), such as flight risk or interference with proceedings.
“The Government of [REDACTED] has expressed its advance and principled agreement to receive Mr Duterte... and will act, in accordance with its domestic law, to implement such conditions as deemed appropriate by Pre-Trial Chamber I,” the filing reads.
According to the Defense, Duterte does not meet any of the criteria that would justify further pre-trial detention. He is of advanced age, has shown willingness to comply with the Court’s authority, and is not considered a flight risk. “There is more than good reason to believe that Mr Duterte would not embarrass his hosts... by violating the terms of his release,” Kaufman added.
The ICC’s Pre-Trial Chamber I is now tasked with deciding on the matter after receiving formal observations from involved parties, including the prosecution and the victims’ representatives.
However, the Prosecution’s surprising position has drawn strong reactions from the legal team representing the victims. Atty. Kristina Conti, Assistant to Counsel at the ICC, expressed shock upon learning that the Prosecutor would not oppose the interim release.
“Para naman akong binuhusan ng malamig na tubig,” Conti said in a statement on Friday. “Especially after reading that the Prosecutor will not contest Duterte’s request. We will consult with the victims, but in our last discussion, they were not in favor of any special treatment.”
Conti emphasized that her clients—some of whom are family members of those killed in anti-drug operations—have consistently called for accountability and due process, without exceptions.
The Defense is also asking the ICC to expedite responses and state observations, citing Duterte’s age and unspecified personal conditions. The country identified to receive Duterte remains undisclosed, though it is a State Party to the Rome Statute and has assured the Court of its cooperation.
The Pre-Trial Chamber’s ruling is now awaited. If approved, Duterte’s interim release could set a precedent in ICC jurisprudence, especially in terms of managing high-profile figures awaiting trial under strict international legal frameworks.
The move marks a significant development in the ongoing proceedings related to alleged crimes against humanity during Duterte’s controversial “war on drugs.” The request was made under Article 60(2) of the Rome Statute, which allows interim release if the conditions for continued detention are no longer met.
In a statement within the filing, Kaufman disclosed that the Office of the Prosecutor has expressed non-opposition to Duterte’s interim release—a rare stance in such high-profile cases—provided that a set of terms and conditions, outlined in a confidential annex, are strictly observed. These terms are understood to include provisions meant to neutralize the risk factors typically cited under Article 58(1)(b), such as flight risk or interference with proceedings.
“The Government of [REDACTED] has expressed its advance and principled agreement to receive Mr Duterte... and will act, in accordance with its domestic law, to implement such conditions as deemed appropriate by Pre-Trial Chamber I,” the filing reads.
According to the Defense, Duterte does not meet any of the criteria that would justify further pre-trial detention. He is of advanced age, has shown willingness to comply with the Court’s authority, and is not considered a flight risk. “There is more than good reason to believe that Mr Duterte would not embarrass his hosts... by violating the terms of his release,” Kaufman added.
The ICC’s Pre-Trial Chamber I is now tasked with deciding on the matter after receiving formal observations from involved parties, including the prosecution and the victims’ representatives.
However, the Prosecution’s surprising position has drawn strong reactions from the legal team representing the victims. Atty. Kristina Conti, Assistant to Counsel at the ICC, expressed shock upon learning that the Prosecutor would not oppose the interim release.
“Para naman akong binuhusan ng malamig na tubig,” Conti said in a statement on Friday. “Especially after reading that the Prosecutor will not contest Duterte’s request. We will consult with the victims, but in our last discussion, they were not in favor of any special treatment.”
Conti emphasized that her clients—some of whom are family members of those killed in anti-drug operations—have consistently called for accountability and due process, without exceptions.
The Defense is also asking the ICC to expedite responses and state observations, citing Duterte’s age and unspecified personal conditions. The country identified to receive Duterte remains undisclosed, though it is a State Party to the Rome Statute and has assured the Court of its cooperation.
The Pre-Trial Chamber’s ruling is now awaited. If approved, Duterte’s interim release could set a precedent in ICC jurisprudence, especially in terms of managing high-profile figures awaiting trial under strict international legal frameworks.
Jun 13, 2025
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