Rodrigo Duterte seeks interim release from ICC to undisclosed country

A man carries a placard with a cutout of an image of former Philippine President Rodrigo Duterte behind bars, during the 80th birthday of Duterte, who remains in ICC custody for war crimes allegations, in Manila, Philippines, March 28, 2025. —Photo by Lisa Marie David | Reuters

MANILA, Philippines — Former President Rodrigo Duterte has formally appealed to the International Criminal Court (ICC) for an interim release to an undisclosed country.

Duterte’s counsel, Nicolas Kaufman, made the tribunal aware of the ex-chief executive’s appeal in a filing dated June 12, noting that a specific government — which was undisclosed and redacted in the document — has expressed its “advance and principled agreement” to receive Duterte.

“Mr. Rodrigo Roa Duterte respectfully requests, in accordance with Article 60 of the Rome Statute, interim release to [REDACTED]. The Government of [REDACTED] has expressed to the Defence its advance and principled agreement to receive Mr. Duterte onto its territory for the term of his interim release and will act, in accordance with its domestic law, to implement such conditions as deemed appropriate by Pre-Trial Chamber I,” the document states.

READ: ICC prosecutors: Duterte’s jurisdiction challenge ‘fundamentally flawed’

In the context of the ICC, an interim release, also known as provisional release, is a temporary discharge of an accused who the court has detained.

To date, records show that the ICC has interim release agreements with the Kingdom of Belgium and the Argentine Republic.

Kaufman argued that Duterte did not meet any of the conditions to warrant further pre-trial detention.

“He likewise 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. He must, as a result, be immediately released from ICC custody,” the filing reads.

Kaufman added that the ICC Prosecution did not oppose the interim release request.

The defense said the non-opposition of the prosecution is an indication of acceptance of the risks outlined under Article 58 (1)b) of the Rome Statute about being a flight risk, obstruction of justice, or continuation of crimes.

Aside from not being a flight risk, the defense assured that there will be no imperilment of proceedings since the case is not yet at an advanced stage of disclosure, and Duterte’s access to confidential information is negligible.

They added that Duterte also agreed to refrain from public engagement and communications with persons outside his family and agreed to abstain from using the internet and other electronic devices, including mobile phones.

The defense also highlighted Duterte’s age as a compelling humanitarian ground for his release to the undisclosed country, which they described as having a “stable and suitable environment.”

With this, Duterte’s legal team appealed that the Pre-Trial Chamber order Duterte’s immediate release into a country undisclosed to the public under any conditions as deemed appropriate.

At least 421 documents, nine photos, and nearly 16 hours of audio and video files would be used as evidence against Duterte when he faces the tribunal again in September.

READ: Videos, photos, 8,000 pages: More evidence vs Duterte

The Prosecution previously said it applied for an arrest warrant against Duterte for “the crimes against humanity of murder, torture and rape” on February 10.

After this, the ICC Pre-Trial Chamber 1 assessed the material submitted by the Prosecution and found reasonable grounds to believe that Duterte is “individually responsible as an indirect co-perpetrator for the crime against humanity of murder, allegedly committed in the Philippines” between November 1, 2011 and March 16, 2019.

ICC said the warrant of arrest against Duterte was issued as “secret” on March 7, 2025 and reclassified as “public” on March 11, 2025.

Subsequently, on March 12, Duterte was surrendered by the Philippine government to the ICC after being arrested by the authorities in accordance with the warrant of arrest.

Duterte initially appeared before the chamber’s hearing on March 14 via video link. The chamber has provisionally scheduled the hearing on the confirmation of charges against Duterte on September 23, 2025.