Former president Rodrigo Duterte’s defense counsel is seeking his urgent interim release from detention at the International Criminal Court (ICC) Detention Center in Scheveningen, The Hague, Netherlands.
In the 16-page public redacted version of Duterte’s request, which was filed on June 12 — the country’s independence day — Duterte’s defense camp is requesting for his temporary release to an undisclosed country.
“Mr. Rodrigo Roa Duterte respectfully requests, in accordance with Article 60(2) of the Rome Statute, interim release to [REDACTED],” the document read.
Signed by his lead defense counsel, lawyer Nicholas Kaufman, said the undisclosed country “has expressed to the defense its advance and principled agreement to receive Mr. Duterte onto its territory for the term of his interim release and will act, in accordance with its domestic law, to implement such conditions as deemed appropriate by Pre-Trial Chamber I.”
Kaufman said Duterte is “not a flight risk, and custody is not necessary to ensure his appearance before the Court.”
“As mentioned above, the Government of [REDACTED] has expressed its willingness to receive Mr. Duterte onto its territory and, accordingly, there is more than good reason to believe that Mr. Duterte would not embarrass his hosts, and the hospitality afforded him, by violating the terms of his release,” Kaufman stated in the document.
“Given the nature of this request, which concerns the pre-trial liberty of an individual of advanced age and [REDACTED], the Defense submits that good cause is shown for reducing the time limit for a response under Court Regulation 35(2) and for seeking State observations on an urgent basis under Court Regulation 51,” he added.
Duterte’s defense team also argued that the former president would “not imperil proceedings if released.”
“The charges against Mr. Duterte have not been confirmed, and the case is not in a sufficiently advanced stage of disclosure – quite the opposite,” the document said.
“Furthermore, Mr. Duterte’s access to confidential information, let alone his ability to weaponize it, is and has been negligible [REDACTED]. Put simply, [REDACTED],” it added.
The defense team of Duterte also said that he would “not continue to commit crimes,” citing that there were no crimes committed despite his landslide victory in the recently concluded May midterm elections.
To recall, Duterte had successfully reclaimed the mayoral post in Davao City – his family’s bailiwick.
“No real or concrete risk exists under Article 58(1)(b)(iii) that would justify Mr. Duterte’s continued pre-trial detention. To its credit, the Prosecution has acknowledged that even this risk may be addressed by virtue of its negotiations with the Defense in the context of [REDACTED] [REDACTED] State Party,” the document read.
“In any event, not only have the alleged crimes not continued despite his election victory on 13 May 2025, Mr. Duterte does not seek interim release to [REDACTED] or to [REDACTED]. On the contrary, his request for release into [REDACTED] and his complete abstinence from any media statements since his arrest evinces his intention to divorce himself from politics and governance,” it added.
Advance age
Duterte’s defense team also argued that he should be temporarily released from detention, citing his advanced age. Duterte celebrated his 80th birthday at the ICC detention on 28 March.
Aside from his interim release, Duterte’s defense team also requested to the pre-trial chamber the deadline for any responses or observations.
Duterte was arrested on 11 March at the Ninoy Aquino International Airport upon his return to the country from a trip to Hong Kong. On the same day, he was transferred to The Hague, Netherlands, where the ICC is based.
Duterte is suspected of murder qualified as a crime against humanity, allegedly committed in the Philippines between 1 November 2011 and 16 March 2019.
Based on the government data, at least 7,000 people were killed under Duterte's drug war, however, both local and international human rights groups disagreed with the figures, stressing that the actual number of victims could be as high as 30,000.