An investigative chamber of the International Criminal Court (ICC) on Friday ordered that former Philippine President Rodrigo Duterte remains imprisoned in The Hague. The judges concluded that “there is a real and substantial danger” that Duterte could “evade or obstruct justice.”
In reaching its decision, the chamber summarized the Pre-Trial Chamber I decision on interim release, in which the court initially noted that Duterte would remain in custody pending his trial. At the time, the judges found that Duterte posed a “flight risk” because of his opposition to the trial; the willingness of his immediate family to help him avoid arrest; its international connections and resources; the seriousness of the charge; and the potentially lengthy sentence he would receive if convicted.
The judges also noted that since the last review of his detention, the allegations against him were confirmed and the case moved to the formal trial phase. Following “consistent and long-standing case law,” i.e. previous ICC decisions, the judges emphasized that confirming charges “increases the risk that a defendant will abscond and therefore does not represent a change in circumstances that supports conditional release, but rather one that supports continued detention.”
Duterte’s lawyers argued that circumstances surrounding his health had changed significantly, citing “frequent falls caused by loss of balance” as well as memory problems. However, the judges stressed that his health had been examined by three medical experts, whose reports did not contain any information justifying his release. The court before too rejected these arguments during a hearing about his fitness to stand trial.
Although no statements have been released yet, this decision will likely be welcomed by human rights organizations, as they have previously supported the upcoming trial. For example, Maria Elena Vignolia, senior international justice attorney at Human Rights Watch, has… opinion in April he emphasized the importance of the case:
The ICC’s decision to prosecute Duterte opens the door to long-sought justice for the families of victims of the “drug war” and is an important recognition of their suffering. Duterte’s trial will send a strong message to those responsible for serious crimes in the Philippines and elsewhere that no one is above the law and that justice will eventually catch up with them.
Duterte was arrested in March 2025 for alleged crimes against humanity, including high levels of arbitrary executions. Philippine Senator Ronald dela Rosa is now wanted on similar charges for his role as police chief in the Philippines’ “war on drugs.”
The ICC before required Opinions on the detention of Duterte on May 1, 2026. The hearing was held in accordance with the Roman Statutewhich requires detentions to be reviewed at least every 120 days.
The first status conference of the case is Sentence for May 27, 2026. This includes deciding on the start of the trial, establishing agreed facts between the parties and discussing various protocols.
