Duterte seeks interim release from ICC, says a state party willing to receive him
The lawyer of Rodrigo Duterte asked the International Criminal Court for the former president's interim release three months after he was detained in connection with his crimes against humanity case.
In a 16-page document dated June 12, Nicholas Kaufman said an ICC member-state, the name of which was redacted, had "expressed to the Defence 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."
"[T]he Prosecution has confirmed its non-opposition to interim release to [REDACTED] [REDACTED] State Party on the understanding that the terms and conditions set out in Annex A to this filing would be met," the filing read.
Kaufman noted that Duterte "is not a flight risk, and custody is not necessary to ensure his appearance before the Court."
"[T]he 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," he said.
The lawyer told the ICC that the application for Duterte's interim release "should be adjudicated as a matter of urgency."
Kaufman acknowledged that it's the Pre-Trial Chamber I's decision to set the terms of the would-be interim release, though he said they're making the following additional submissions: Duterte will not abscond; Duterte will not imperil proceedings if released; Duterte will not continue to commit crimes; and humanitarian factors militate in favor of interim release.
"[Duterte] does not pose an objective risk of flight, nor is his arrest necessary to ensure the integrity of the investigations or to preclude the continued commission of crimes," Kaufman said. "He must, as a result, be immediately released from ICC custody."
Kaufman reiterated that the ICC member-state in question "has affirmed its principled willingness to cooperate with the Court, and to accept Mr Duterte onto its territory for the duration of his interim release and enforce conditions of release. It has also affirmed that it will make its prompt observations, should it be invited to do so by the Pre-Trial Chamber."
Duterte has been at the ICC since March 12.
He was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.
He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Roman Statute."
Specifically, he was allegedly involved in the murder of at least 19 persons reported to be drug pushers or thieves who were killed by members of the Davao Death Squad in various locations in or around Davao City between 2011 and 2016, as well as the murder of at least 24 alleged criminals who were killed by or under the supervision of members of the Philippines law enforcement at various locations in the country between 2016 and 2019 during his term as president.
He could be the first Asian former head of state to be indicted by the ICC.
His pre-trial hearing is on Sept. 23, 2025. If the charges against him are confirmed, it could be months before the case eventually goes on trial, and years before a final judgment is rendered.
