A country near The Hague may host former President Rodrigo Duterte if the International Criminal Court (ICC) approves his request for interim release, a Filipino lawyer with expertise in international law said on Sunday.
“My suspicion is that only countries nearby, either adjacent or sharing a border with the Netherlands, can agree with it (hosting Duterte),” said Joel Butuyan, one of the six ICC-accredited Filipino lawyers, in an interview.
He explained that any host country must be a member of the ICC and must follow the court’s rules. “It has to be a member-country of the ICC, which can agree to host him (Duterte), and one that will comply with its orders,” Butuyan added.
The lawyer was commenting on Duterte’s formal request to the ICC to be temporarily released to an undisclosed country. His lawyer, Nicholas Kaufman, earlier said this country has already expressed willingness to accept the former leader.
In the filing signed by Kaufman, the ICC prosecution reportedly did not oppose the request—on the condition that Duterte complies with specific terms outlined in a confidential annex. The prosecution is expected to submit an official response to the ICC.
Duterte is facing crimes against humanity charges over alleged extrajudicial killings during his anti-drug campaign as both mayor of Davao City and President of the Philippines.
“The prosecution has not yet agreed. They will only do so if all their conditions are met,” Butuyan said.
Among the conditions for Duterte’s interim release are strict restrictions, such as limited communication to only family members and no access to mobile phones or the internet.
Butuyan warned that granting an interim release would raise serious concerns from families of drug war victims, many of whom remain afraid to come forward.
“It is really a great concern if he’s released. Even when Mr. Duterte was arrested, victims were still scared to speak out and join the ICC proceedings. If he’s released, they’ll be even more afraid,” he said.
He also noted that an interim release could disrupt the proceedings and damage the ICC’s credibility.
“This case is not political at all. It is a trial for a heinous crime,” Butuyan emphasized, amid reports that Filipino politicians can weasel their way into bringing Duterte home.
Editor’s Note: This is an updated article. Originally posted with the headline: “ICC lawyer: Duterte’s secret host country likely near The Hague”
