THE International Criminal Court Office of the Prosecutor has asked the Pre-Trial Chamber 1 to dismiss the petition filed by the camp of former Philippine President Rodrigo Duterte seeking his interim release from detention.
In a submission dated June 23, Deputy Prosecutor Mame Mandiaye Niang said the prosecution “strongly opposes Mr. Duterte’s interim release” request.
The prosecution said the continued detention of the 80-year-old Duterte is necessary to ensure his appearance in the trial of the crimes against humanity charges filed against him about the extrajudicial killings that attended his administration’s bloody anti-drug crackdown.
Duterte is set to appear before the ICC chamber on September 23 for the confirmation of the charges against him.
“Mr. Duterte does not accept the legitimacy of the legal proceedings against him. Chambers have previously found that a suspect’s rejection of the legitimacy of Court’s jurisdiction over them to be a factor justifying their continued detention in order to ensure their appearance at trial,” the prosecution’s 15-page reply to Duterte’s request said.
“Mr. Duterte does not accept the legitimacy of the legal proceedings he is subject to before the Court. This is demonstrated by his resistance to his arrest and the claims of his counsel and family that he was kidnapped/abducted by the Court,” it added.
Duterte’s children have filed a petition before the Supreme Court questioning his arrest and subsequent extradition to the ICC in the Netherlands.
They said the ICC no longer has any jurisdiction over the Philippines after Manila withdrew from the Rome Statute that established the ICC in 2018. The withdrawal was formalized in 2019.
The prosecutor said there is enough evidence, including public utterances of Duterte, that he does not accept the legitimacy of the ICC, including threatening a shootout if the tribunal arrested him.
“Mr. Duterte’s proclamation that he would rather die than appear before the Court or would ‘finish’ ICC staff assisting with his arrest and transfer in a ‘shootout’ is not consistent with the behavior of an individual committed to returning for his appearance at trial and cast doubt on his recently stated ‘commitment’,” the prosecution said.
“His continued detention is therefore necessary to ensure his appearance at trial. A victim of a kidnapping is unlikely to return to the custody of the kidnapper if given an opportunity to escape. Mr. Duterte, his family, vocal supporters, and counsel all consider him a victim of kidnapping/abduction,” it added.
The prosecution team also cited Duterte’s influence, support from powerful individuals in the Philippines, as well as international contacts in opposing his plea for interim release.
It said that despite Duterte no longer being the Philippine president, his associates and family members, including her daughter, Vice President Sara Duterte, remain in power.
“His daughter, Sara Duterte who is vice president of the Philippines has made known her position that she views her father’s detention at the Court as illegitimate,” it said, adding that Duterte’s two sons – Paolo and Sebastian – also won in the May 12, 2025 elections for the positions of Davao city congressman and vice mayor.
Likewise, the prosecution said that in his filing before the Philippine Supreme Court questioning his arrest, Duterte’s legal counsel “highlighted his current strong influence” over the police in his home town of Davao City, the same police, the prosecution alleged, was involved in murders when he was mayor of Davao.
The prosecution also cited the Dutertes’ financial situation and resources, adding that a suspect’s access to financial resources may be a factor that would enable them to abscond.
It stressed that granting Duterte interim release would jeopardize the safety of witnesses against him, as “he has the ability to interfere with and intimidate or threaten witnesses” either directly or indirectly, through his associates or family members.
“Overall, Mr. Duterte, his family and associates are capable of influencing and harming witnesses as a result of their positions of power. The release of Mr. Duterte could risk bringing real and substantial harm to the legitimate interests of victims and witnesses,” it added.
The prosecution also dismissed the claim of the defense that it did not intend to oppose Duterte’s plea, adding that it only engaged in “good faith” discussions with a view to mitigating or negating the risks associated with his detention.
Lastly, the prosecution said even the defense admitted that “humanitarian factors” “are not, on their own, a consideration” on the Chamber’s analysis in granting an interim release.
It said it was only granted in two instances and these were permissions to allow the detained person to attend funerals, not an extended period of interim release.
Duterte, through his lead counsel Nicholas Kaufman, had earlier asked the ICC for interim release from detention, saying he is not a flight risk and that his arrest and continued detention are not necessary to ensure the integrity of the investigation or to preclude the continued commission of crimes.
The 16-page Urgent Request for Interim Release dated June 12 also said another country has expressed its willingness to accept the former president.
It also cited humanitarian factors, considering the old age of Duterte in the request.
In granting interim release, the ICC takes into account the political position, influence, contacts, financial resources, acts or assurances of cooperation, good behavior in detention, and family ties of the one seeking it from the tribunal.
Lawyer Joel Butuyan previously said that if Duterte’s request is granted by the ICC, it would “cause great concern” among the families of extrajudicial victims and other abuses committed during the former president’s brutal crackdown on illegal drugs.
He said it would lead to many witnesses hiding or refusing to testify against him out of fear for their safety and that of their family.
Butuyan is one of the five Filipino lawyers accredited by the ICC to argue before the tribunal.
