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.
from detention at the International Criminal Court (ICC) Detention Center in Scheveningen, The Hague, Netherlands.
In a 16-page public redacted version of Duterte’s request filed on 12 June — the Philippines’ independence day — Duterte’s defense sought 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, it 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.
Duterte’s defense team also said that he would “not continue to commit crimes,” pointing out 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.
Advanced 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 center on 28 March.
Aside from his interim release, Duterte’s defense team also asked the pre-trial chamber for 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 Hong Kong. On the same day, he was flown 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 government data, at least 7,000 people were killed under Duterte’s drug war. However, local and international human rights groups said the actual number could be as high as 30,000.
Admission to the crime?
The official spokesperson of the Marcos administration, Undersecretary Claire Castro, couldn’t help but ask if the camp of Duterte had admitted that the former president had committed a crime following their recent request to the International Criminal Court to release him from detention at The Hague.
“We have read that. So, in one way or another, the counsel had admitted that the former president had committed such crimes because they will include it in their motion or petition, that Mr. Duterte will not continue to commit crimes. So, is there an admission there?” Castro said.
She, however, said she hoped the ICC will grant their request, if that’s the pleading of the defense team.
“If that’s their strategy, I hope they can convince those ICC judges, and they won’t be able to say later that their promises are just a joke like the jet ski promise. But anyway, that’s their strategy and let’s just let the ICC determine whether they will be believed and whether their request for interim release will be granted,” the Palace spokesperson said.
According to the rules of the Rome Statute, an accused may lodge an interim release with the ICC chambers, which is part of due process. If warranted by the court, the accused should not pose a risk of escape, risk obstructing or endangering the investigation, and risk committing the crime again.
Seeking Imee’s help
Meanwhile, Vice President Sara Duterte said she was seeking the help of Senator Imee Marcos to bring her father back to the Philippines.
Duterte said Marcos is the sister of President Ferdinand Marcos Jr. whom she believes caused her father to be brought to the Hague.
In an Independence Day event in Kuala Lumpur, Malaysia, Senator Marcos called for support for Vice President Duterte from overseas Filipino workers.
In her speech, Sara said her ally, Imee, would bring her father home.
“Wherever I go, I always bring her with me. Because I always tell her: ‘I won’t be the one to bring former President Duterte back to the Philippines. Since it was your brother who sent him to The Hague, you will be the one to bring him back’,” she said.
However, Undersecretary Claire Castro refuted this, denying any involvement by President Marcos.
Castro said the President remained focused on his official duties, adding that another pressing issue, the power crisis in Siquijor province, has demanded his attention.
BBM ‘not privy’
The Palace official said the President was not involved in the supposed deal between Sara and Imee.
“Is this the one where she mentioned that she has Senator Imee Marcos as a hostage? The President has no participation in their agreement,” Castro said, noting that the President was not aware of the details of the deal.