The Office of the Prosecutor of the International Criminal Court (ICC) has opposed former President Rodrigo Duterte’s request for interim release ahead of his pre-trial hearing scheduled for September.

In a 15-page document dated 23 June, ICC Deputy Prosecutor Mame Mandiaye Niang warned of the potential consequences of granting Duterte temporary release, stressing the risk that he may not return for trial.

Niang cited Duterte’s repeated resistance to arrest and statements from his family describing his detention as “kidnapping.”

“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 or abduction,” Niang wrote.

Earlier, Duterte’s lawyer, Nicholas Kaufman, petitioned the ICC to temporarily release his client, arguing that Duterte poses no flight risk, will not obstruct the investigation, and is unlikely to commit further crimes. Kaufman also told the court that an unnamed country had agreed to host Duterte if released.

But the prosecution pushed back, noting the Duterte family's political clout — Vice President Sara Duterte, Davao Representative Paolo Duterte, and Davao City Mayor Sebastian Duterte — which could be used to influence witnesses and interfere with the proceedings.

Combined with the support of Duterte’s allies and mass following, this influence could be used to intimidate witnesses and interfere with the ongoing investigation.

The prosecution also warned of a strong possibility that Duterte might continue committing crimes. Niang cited a news article in which Duterte allegedly vowed to double the killings if he were to return as mayor of Davao City.

“As noted above, Mr. Duterte has since won the Davao mayoral election, and his family has consistently expressed their intention to bring him home to the Philippines... The Prosecution maintains that Mr. Duterte’s continued detention is necessary,” the document stated.

Duterte, 80, has been detained at the Scheveningen Prison in The Hague since his arrest in March in Manila. He is expected to remain in custody until the confirmation of charges hearing on 23 September.

He faces one count of crimes against humanity for killings that occurred from 1 November 2011 to 16 March 2019, covering his tenure as Davao City mayor and president.

While the government recorded over 6,000 drug-related deaths during Duterte’s presidency, human rights groups estimate the actual toll could be over 30,000 — mostly from low-income communities.