The prosecution handling the crimes against humanity case against former President Rodrigo Duterte is set to respond before the International Criminal Court (ICC) to his request for interim release to an unnamed foreign country.
Duterte’s legal counsel claims the country has agreed to receive him.
In a statement, the ICC Office of the Prosecutor said it would file a response before Pre-Trial Chamber I addressing the defense’s assertion that the prosecution had no objection to the interim release, provided that specific conditions outlined in an annex are met.
Duterte, 80, is facing charges of crimes against humanity in connection with thousands of drug war-related killings during his tenure as Davao City mayor and as Philippine president. His lawyer, Nicholas Kaufman, said the unnamed country expressed its willingness to host Duterte and enforce the court’s conditions while he awaits trial.
The request argues Duterte is not a flight risk and does not meet the conditions for further pre-trial detention under Article 58(1)(b) of the Rome Statute. Kaufman said Duterte should be released “immediately,” citing the cooperating country’s commitment to ensure his presence in court and compliance with all conditions.
While Duterte’s defense asserts that the prosecution has confirmed its non-opposition, the application remains controversial. The ICC has never granted interim release in any crimes against humanity case in its 23-year history. It has only done so in two instances involving lesser offenses under Article 70, such as obstruction of justice.
Lawyer Kristina Conti, who represents victims’ families, said the chances of approval are “50-50” depending on the receiving country’s proximity to The Hague and its ability to ensure Duterte’s compliance.
However, the National Union of Peoples’ Lawyers (NUPL) strongly opposed the application, citing the victims’ rights and risks to public safety.
Human rights groups and relatives of drug war victims also voiced concern, saying Duterte’s release could allow him to evade accountability or incite further harm. Activist group Rise Up for Life and for Rights said the application has caused distress and insecurity among victims’ families.
Former Bayan Muna representative Neri Colmenares warned that the defense had submitted a separate set of proposed conditions (Annex B), which could complicate proceedings. He emphasized the importance of prioritizing justice and victim safety over Duterte’s convenience.
Editor’s Note: This is an updated article. Originally posted with the headline “Prosecution to respond to Duterte’s request for interim release.”
