ICC Orders Continued Detention of Former President Duterte

The International Criminal Court (ICC) Trial Chamber III has ordered the continued detention of former Philippine President Rodrigo Duterte. In its decision on Wednesday, September 16, the chamber stated, “The Chamber therefore finds no notable change in circumstances that warrant the release of the Accused, with or without conditions.” In May, the chamber had similarly ruled that Duterte was not qualified to avail himself of temporary liberty, ordering his continued detention. At the ICC, chambers conduct a yearly review to assess whether detention is still warranted for an accused, specifically looking for changed circumstances that might justify temporary liberty for detained suspects. In its latest review, the trial chamber found that Duterte poses a likelihood of “absconding,” “obstructing,” or “endangering” court proceedings. The court explained, “In respect of the latter considerations, owing to the Prosecution’s submission of the Witness and Evidence Lists (thereby disclosing the identities of the witnesses and the contents of their expected testimony), this increases the Accused’s ability to interfere with witnesses, either directly or through his family or supporters in the Philippines.” The court is also assessing Duterte’s fitness for trial, though the results of this assessment are still pending. However, the chamber noted, “the panel’s reports do not contain any information that warrants a modification of the accused’s detention.” Under the Rome Statute, which established the ICC, suspects are not eligible for release if they present risk factors such as the danger of fleeing, obstructing justice through witness intimidation, or recommitting alleged crimes. The chamber concluded, “Accordingly, the Chamber finds that the risks under Article 58(1)(b)(i) and (ii) have increased and, in respect of the risks outlined in Article 58(1)(b)(iii), sees no change in circumstances.” The chamber held the third status conference on Duterte’s case on Wednesday, where parties discussed potential evidence for the upcoming trial scheduled for November 30. Duterte appeared in person for the hearing, marking his first personal appearance before the court since his arrest in March 2025. – Rappler.com