Duterte likely to flee, evade ICC cooperation if released — prosecution, victims’ reps

THE HAGUE, Netherlands – With former president Rodrigo Duterte approaching one year in detention at the International Criminal Court (ICC), the prosecution and victims’ representatives during the pre-trial stage objected to his interim release, pointing to the unlikelihood of his adhering to conditions and cooperating with the court.

The ICC pre-trial chamber I on Friday, February 27, held its first annual review of Duterte’s detention, which the former president had the right to attend but chose not to. It was the same decision he made for his four-day confirmation of charges hearing, which concluded minutes before his detention hearing.

Prosecution trial lawyer Julian Nicholls said that the document Duterte signed, which waived his right to attend his confirmation of charges hearing in person, was a new circumstance that goes against granting him interim release.

In a waiver dated February 18, Duterte had said he did not wish to attend the confirmation of charges hearings, whether in person or via video link, with his first reason being that he did not recognize the court’s jurisdiction. He claimed he was “forcibly pushed into a jet,” and that his arrest was “kidnapping.”

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“None of [this] sounds as though those are the words of a person who would return voluntarily to the court,” said Nicholls. “If he was granted interim release, and your Honors had, 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.”

The common legal representatives of the victims (CLRV) had a similar submission, pointing to the waiver as a risk factor. Filipino CLRV lawyer Joel Butuyan said that Duterte “clearly demonstrated that he will abscond from the jurisdiction of the court.”

“If Mr. Duterte cannot even hide his contempt for this honorable court while he is already under detention, imagine how Mr. Duterte will use this contempt for the court if he is released,” said Butuyan, adding that Duterte remained a flight risk.

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Massive support

Butuyan pointed to another recent development, which they argue made Duterte’s interim release risky — his supporters’ submission of a petition with the Philippine Supreme Court (SC), urging it to issue the writ of habeas corpus that would force the return of Duterte to the Philippines.

Butuyan cited a BusinessMirror article that reported the petition had over 160,000 signatures.

“This show of support proves the stark reality that if Mr. Duterte is released from detention, there is a huge risk that his supporters will find ways and means to facilitate his surreptitious return to the Philippines in order to free him from this court’s jurisdiction,” he said.

The CLRV also referred to Duterte’s children filing separate submissions to the SC, urging it to declare that his arrest was unconstitutional and violative of international law.

“As the proceedings advance, the suspect’s incentive to flee increases,” Butuyan said.

As the ICC judges declared Duterte fit for trial, Butuyan said that his capacity to understand and participate “implies a capacity to assess his situation and act upon it, including the possibility of absconding.”

With Duterte still appealing an earlier rejected request for interim release, lead defense counsel Nicholas Kaufman said that the team will not oppose Duterte’s continued detention.

The pre-trial chamber earlier rejected Duterte’s request for interim release in a decision on October 10, 2025, seeing all three risk factors were present: fleeing from the case, intimidating witnesses, and recommitting the crimes he is accused of.

Within 60 days of the confirmation of charges hearing, the chamber is expected to release its decision on whether Duterte will proceed to trial. 

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– Rappler.com