Rody release to an ICC nation seen

Former President Rodrigo Duterte may be transferred to a country near The Hague, Netherlands—the seat of the International Criminal Court (ICC)—if the tribunal grants his petition for temporary release.

The Hague, Netherlands — the seat of the International Criminal Court (ICC) — if the tribunal grants his petition for temporary release.

Joel Butuyan, an ICC-accredited lawyer and president of the Center for International Law, explained Sunday that only states party to the Rome Statute can host a pre-trial detainee.

This, he explained, ensures the ICC has jurisdiction and authority over the detainee and can compel the host country to follow its orders.

“Only a member country [of the ICC] must agree to host him [because] they have to follow ICC’s orders,” Butuyan said in an interview.

The Rome Statute, which established the ICC, currently has 125 state parties. Nineteen of these are in the Asia-Pacific region, including Timor-Leste, South Korea and Japan.

Duterte’s lawyer, Nicholas Kaufman, has petitioned the court to grant temporary release while the former president awaits a confirmation of charges hearing scheduled for 23 September.

The ICC allows interim release before trial under certain conditions, including that the detainee is not a flight risk, will not obstruct the ongoing investigation, and poses no risk of reoffending.

Last week, returning lawmaker Antonio Tinio suggested that this petition may explain the frequent overseas trips of Duterte’s children, Vice President Sara Duterte and Davao Rep. Paolo Duterte.

“They are scouting and negotiating with countries to take custody of this massive human rights violator,” Tinio said.

To support the petition, Kaufman told the court that Duterte no longer “commands the same influence or power” and thus cannot interfere with the proceedings. He also cited Duterte’s advanced age.

The 80-year-old former president has been held at the Scheveningen Prison in The Hague since his arrest in Manila in March. He will remain there while awaiting confirmation of charges.

Duterte faces a single count of crimes against humanity related to killings that occurred between 1 November 2011 and 16 March 2019, during his time as Davao City mayor and later as president.

In a redacted filing dated 12 June, Kaufman informed the court that an unnamed country had already agreed to host Duterte for the duration of his interim release and would abide by any conditions imposed.

Butuyan warned that Duterte’s release would “interfere” with the investigation and damage the ICC’s credibility.

“It would cause reputational damage on the part of the ICC and [its] prosecutors,” he said.

He added that it would be a “great concern” for the families of victims of Duterte’s war on drugs, who may fear for their safety if Duterte is released from custody.

“Now, those [victims] will be even more afraid,” Butuyan said.

Former lawmaker and rights lawyer Neri Colmenares echoed the same concerns on Friday, warning that Duterte’s release would embolden his supporters to escalate threats against witnesses.

“The victims and their lawyers have been under attack, and this will escalate if he is free to orchestrate this,” said Colmenares, who is also a counsel for drug war victims. “The safety of those seeking justice must be prioritized over the convenience of the accused.”

The Philippine government officially recorded over 6,000 drug-related deaths during Duterte’s presidency, though human rights groups estimate the actual number could exceed 30,000 — most from low-income communities.