Rodrigo Duterte’s camp has informed the International Criminal Court (ICC) that the Philippine government may be willing to accept a decision granting the former president temporary release as he faces charges for crimes against humanity.
Duterte’s defense attorney, Nicholas Kaufman, said in a Friday filing that “the possibility of Duterte’s release is now contemplated without objection by the Government of the Republic of the Philippines, which surrendered Mr. Duterte to the International Criminal Court.”
Duterte has been detained in The Hague since 13 March 2025, awaiting trial for alleged atrocities tied to his “War on Drugs” during his presidency and earlier tenure as Davao City mayor. His lawyers claim he suffers from “impaired memory and [a] concomitant inability to retain new information or to recall events, places, timing or even members of his close family and defense team."
Kaufman cited Presidential Communications Office Undersecretary Claire Castro, who earlier this week said the Marcos administration would respect the ICC’s ruling if Duterte is granted interim release.
“Nagbunga naman po yata ang madalas niyang pagbibiyahe. So, kung iyan ay good news po sa kanila at kung ano po ang magiging desisyon ng ICC, tatanggapin naman po iyan ng pamahalaang Marcos Jr.,” Castro said.
Her statement followed Vice President Sara Duterte’s claim that an unnamed country had agreed to host her father if he were released. She clarified the host nation is not Japan, while Australia publicly denied involvement despite her visit there.
“Medyo natagalan ang pag-file namin ng interim release dahil kinausap pa namin at naghanap pa ako ng tutulong sa akin dahil wala akong mapagkakatiwalaan doon sa Pilipinas. Ginamit ko ang aking mga nakilala sa labas ng Pilipinas dahil sa aking trabaho, nakiusap ako sa kanila na tulungan ninyo kami,” the Vice President said.
Kaufman said Duterte had instructed him “to do all possible to ensure his interim release.” In July, the defense argued that Duterte is not a flight risk and that continued detention was unnecessary “to ensure the integrity of the investigations or to preclude the continued commission of crimes.”
The confirmation of charges, initially set for September 23, was suspended indefinitely after Duterte’s camp argued he was “not fit to stand trial” due to cognitive decline.
Despite the proceedings, Duterte previously said he was willing to accept full legal responsibility for the consequences of his anti-drug campaign, which human rights groups say left over 12,000 people dead.