ICC Defers Duterte Release Ruling
Duterte’s Legal Team Argues for Immediate Release from ICC Custody
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The Hague, Netherlands – Lawyers for former Philippine President Rodrigo Duterte have formally requested his immediate release from the International Criminal Court (ICC) custody, asserting that he does not meet the criteria for continued pretrial detention. The defense team argues that Duterte poses no flight risk and that his arrest is not necessary to ensure the integrity of investigations or prevent further crimes.
Defense Cites Withheld Materials in Release Request
In a filing submitted on July 14, Duterte’s counsel, Nicholas kaufman, stated that the defense believes the Pre-Trial Chamber should postpone a ruling on the interim release request until certain materials, currently withheld from public view, are reviewed by both the defense and the judges.
“At the time Mr. Duterte’s request for interim release was submitted on 12 June 2025, the defense had been, for some time, seeking to obtain [REDACTED]… The defense’s attempts to obtain [REDACTED] over two months have, for the most part, been slow-walked and stymied,” the filing read.
Kaufman had previously submitted an urgent request for Duterte’s release to an undisclosed country that has reportedly agreed to host the former philippine leader should the ICC grant the request. The identity of this country remains redacted in the publicly available version of the filing.
No Grounds for Continued Detention,Defense Claims
Duterte’s legal team contends that the former president does not meet any of the criteria outlined in Article 58(1)(b) of the Rome Statute,which would justify his ongoing pretrial detention.
“Mr. Duterte does not pose an objective risk of flight, nor is his arrest necessary to ensure the integrity of the investigations or to preclude the continued commission of crimes,” Kaufman stated.”He must, as a result, be promptly released from ICC custody.”
Charges and ICC Investigation
Rodrigo Duterte is facing charges of crimes against humanity in connection with thousands of alleged extrajudicial killings that occurred during the Philippine government’s war on drugs. These alleged killings took place both during his presidency and his earlier tenure as mayor of Davao City. the ICC’s investigation is specifically examining state policies that are alleged to have facilitated widespread killings without due process.
As of the latest reports, Duterte remains in ICC custody pending trial. The court has not yet provided a timeline for when a final decision on his interim release request will be made.The tribunal has emphasized that its present decision will not prejudice any future matters to be steadfast in the context of proceedings related to the interim release request.
