The International Criminal Court (ICC), through its Pre-Trial Chamber I, has upheld the continued pre-trial detention of former Philippine president Rodrigo Roa Duterte following its mandatory review under Article 60(3) of the Rome Statute. The Chamber ruled that there are reasonable grounds to believe Duterte committed crimes against humanity, specifically murder, and found no new or changed circumstances that would justify his release from custody.
In its decision, the ICC rejected defense arguments that Duterte suffers from cognitive impairment severe enough to prevent him from participating meaningfully in the proceedings. The ruling relied on assessments by three independent, court-appointed medical experts who concluded that the 80-year-old former leader is fit to stand trial. The Chamber stated that Duterte is capable of understanding the charges against him, exercising his procedural rights, and instructing his legal counsel effectively.
The court also maintained its position that Duterte poses significant risks if released. Judges cited the likelihood of flight, potential interference with the judicial process, and the possibility of further criminal conduct. These concerns were linked to Duterte’s enduring influence, existing support networks, and previous public statements. Proposals from the defense for conditional release to a third country were deemed inadequate, particularly due to the absence of enforceable safeguards that would ensure compliance with ICC conditions.
As a result, Duterte remains detained at the ICC’s detention unit in Scheveningen Prison in The Hague, where he has been held since his arrest in Manila on March 11, 2025, following his return from Hong Kong.
ICC prosecutors have charged Duterte with three counts of crimes against humanity, alleging his involvement in at least 76 killings connected to his controversial “war on drugs.” The charges cover alleged murders during his tenure as Davao City mayor from 2013 to 2016, killings of so-called high-value targets during his presidency in 2016 and 2017, and deaths linked to nationwide police “clearance” operations between 2016 and 2018.
The Pre-Trial Chamber announced that the confirmation of charges hearing will commence on February 23, with a detailed schedule and procedural directions to be issued later. Duterte’s legal counsel, Nicholas Kaufman, said the defense plans to seek leave to appeal, arguing that his client was denied due process.
Meanwhile, ICC Assistant to Counsel Kristina Conti welcomed the ruling, saying it ends speculation over Duterte’s fitness to stand trial and allows the case to move forward. She added that victims continue to push for a broader scope of charges, including torture and other inhumane acts, as the proceedings progress.