Prosecutors and victims’ lawyers at the International Criminal Court (ICC) said former president Rodrigo Duterte’s decision to waive his right to attend his confirmation of charges hearing bolsters arguments for his continued detention over alleged crimes against humanity.

During proceedings, ICC Prosecutor Julian Nicholls pointed to Duterte’s own words in his waiver, where the former leader claimed he had been “forcibly pushed into a jet and renditioned to The Hague.”

Nicholls argued that such language casts doubt on Duterte’s willingness to submit to the court’s authority if granted interim release.

“He refers to his arrest as a kidnapping, none of which sounds as though those are the words of a person who would return voluntarily to the court,” Nicholls told the chamber.

The prosecutor also underscored that Duterte chose not to follow the current proceedings from The Hague, despite assurances from his lawyer, Nicholas Kaufman, that the former president would monitor hearings via livestream if allowed interim release to a third country.

“So that means if he was granted interim release and your honors had, as is within your power, ordered him to attend, it would have been very difficult to make that happen if he simply showed the same disrespect and did not wish to attend even through video link,” Nicholls said.

Victims fear flight risk, intimidation

Joel Butuyan, the victims’ common legal representative, echoed the prosecution’s concerns, saying Duterte’s waiver indicates he may abscond if released.

“Any condition the court will impose for his release will be considered by Mr. Duterte as non-binding,” Butuyan said.

He also cited a letter-petition filed by Duterte supporters before the Philippine Supreme Court seeking a writ of habeas corpus to compel his return to the country. According to Butuyan, this demonstrates that allies could attempt to facilitate Duterte’s return to the Philippines should he be granted release.

Duterte’s children have likewise filed pleadings before the high court seeking rulings that would secure his freedom, he added.

Beyond flight risk concerns, Butuyan said victims remain fearful for their safety and that of their families if Duterte is released, particularly amid the ongoing confirmation of charges hearings.

“The victims have articulated concerns about renewed instability and intimidation in their communities, particularly because of the holding of the confirmation of charges hearings,” he said, urging the chamber to ensure robust protection measures for victims and witnesses.

Defense awaiting appeal ruling

For his part, Kaufman said the defense has appealed the Pre-Trial Chamber’s ruling in the first detention review and is awaiting a decision. In the meantime, he said, the defense will not oppose the continuation of Duterte’s current detention.

The ICC’s Pre-Trial Chamber is expected to rule on the next steps in the high-profile case, including whether Duterte will remain in custody pending further proceedings.