The International Criminal Court (ICC) has denied former Philippine president Rodrigo Duterte’s request for interim release, ordering his continued detention in The Hague while he faces three counts of crimes against humanity linked to his so called “war on drugs.”
ICC judges cited the risk of flight, witness intimidation, and reoffending, saying Duterte’s political influence and continued rejection of the court’s authority warranted keeping him in custody. The court rejected humanitarian pleas, noting he retains visitation and communication rights with family members.
Duterte’s lawyers argued the 80-year-old former leader is medically unfit for trial due to cognitive decline. The ICC ordered independent neuropsychological and psychiatric examinations to determine his fitness to stand trial. The confirmation of charges hearing, originally set for September 2025, has been postponed pending the results.
ICC prosecutors, led by Deputy Prosecutor Mame Mandiaye Niang, accuse Duterte with three counts of widespread murder for alleged crimes against humanity committed during his terms as Davao City mayor and president.
The charges cover three sets of incidents: (i) murder of 19 people in Davao City between 2013 and 2016; (ii) killing of 14 “high-value targets” during his presidency from 2016 to 2017; and (iii) murder and attempted murder of 45 people in barangay*-level operations from 2016 to 2018.
The ICC classifies such acts as crimes against humanity when part of a widespread or systematic attack on civilians.
In a ruling dated October 23, 2025, ICC judges Julia Motoc, Reine Alapini-Gansou and María del Socorro Flores Liera confirmed the court’s jurisdiction over the case, rejecting Duterte’s claim that the Philippines’ 2019 withdrawal from the Rome Statute removed ICC authority.
The ICC judges said that the investigation began in 2018, before the withdrawal took effect, making the proceedings valid under Article 127 of the statute. The ruling clears the way for a potential full trial once Duterte’s medical evaluation is complete.
Duterte’s lawyer, Nicholas Kaufman, earlier told the ICC that the Marcos administration had “no objection” to his interim release, citing a statement from Palace Press Undersecretary Claire Castro.
Castro later clarified that her remarks were taken out of context and accused Kaufman of “twisting facts.” Justice Secretary Jesus Crispin Remulla said interim release was “not appropriate,” adding that Duterte could receive proper medical care in the Netherlands.
The Philippine Senate earlier passed Resolution No. 144 urging the ICC to place Duterte under house arrest for humanitarian reasons. The resolution passed 15–3 with two abstentions but has no legal effect, as the ICC holds full jurisdiction.
Human rights groups criticized the resolution as an attempt to shield Duterte from accountability, saying it showed the justice system remained “harsh on the poor but soft on the powerful.”
Families of drug war victims and human rights advocates welcomed the ICC’s decision to keep Duterte in detention, calling it a step toward justice after years of delay. They urged the court to expand the charges to include torture and illegal detention.
Human rights groups estimate that up to 30,000 people were killed in Duterte’s campaign against illegal drugs, while official police figures list over 6,000 deaths.
Despite his detention, Duterte remains a powerful political figure. His daughter, Vice President Sara Duterte, accused the ICC of “kidnapping” her father and claimed another country had offered to host him if released.
*A “barangay” is the lowest administrative division in the Philippines.