The International Criminal Court’s Office of the Prosecutor (ICC-OTP) has urged Pre-Trial Chamber I to reject former Philippine President Rodrigo Duterte’s urgent request for interim release, warning that his freedom poses serious risks to court proceedings, witnesses, and public safety.
In a 15-page public redacted filing dated June 23, 2025, the prosecution argued that Duterte’s continued detention remains necessary under Article 58 of the Rome Statute due to his rejection of the Court’s legitimacy, his political influence and access to resources, and a history of interfering with investigations.
The prosecution also disputed the defense’s claims that his health or humanitarian concerns justify release, insisting that these do not override the legal standards required for conditional liberty.
“His continued detention by the Court is required under the provisions of article 58(1)(a), 58(1)(b)(i)-(iii) of the Statute,” the prosecution wrote, urging the Chamber to reject the defense’s request for interim release.
The prosecutor’s office cited Duterte’s prior statements threatening violence if apprehended, including telling arresting officers they would “just have to kill [him]” and declaring in a public speech that if ICC personnel came for him, “there will be a shootout.”
“He does not accept the legitimacy of the legal proceedings against him,” the prosecution wrote, arguing that since Duterte claims he was kidnapped, he is unlikely to return voluntarily if released.
While the prosecution previously engaged in discussions on potential conditions for Duterte’s interim release under strict monitoring in a specific cooperating State, it opposed the defense’s request for release in an alternative location.
According to the prosecution, such an arrangement could not effectively mitigate the risks of flight, obstruction of justice, and witness intimidation.
The prosecution emphasized that any prior discussions with the defense were based solely on the possibility of Duterte being released to a specific, unnamed cooperating country, not elsewhere.
It stated that it “strongly oppose[s]” his release to the alternative proposed State, citing concerns over logistical feasibility and the enforcement of conditions.
Duterte, who is currently detained in The Hague, is facing charges related to alleged crimes against humanity linked to his administration’s war on drugs.
His defense team previously argued that he should be released on humanitarian grounds and committed to appearing in court when summoned.
However, the prosecutors countered that Duterte’s political network (including his daughter, Vice President Sara Duterte, and son, Vice Mayor Sebastian Duterte) could be used to obstruct proceedings and intimidate witnesses.
“Mr Duterte, his family, and his associates are capable of influencing and harming witnesses as a result of their positions of power,” the prosecution warned.
The prosecution also cited Duterte’s reported vow to “double the killings” if he returned to office ahead of the 2025 Davao City mayoral election, which he won while already in ICC custody.
Prosecutors argued that this, combined with his network of supporters and family members in powerful positions, demonstrates a continued risk of committing related crimes if released.
The Chamber has yet to issue a ruling on the defense’s application for Duterte’s interim release.
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