Former president Rodrigo Duterte and his family continue to challenge the authority of the International Criminal Court (ICC) while maintaining significant political influence and a strong network of supporters, thus increasing the likelihood that he would evade prosecution and a potentially lengthy prison term if convicted, according to Pre-Trial Chamber I (PTC1), which rejected his request for “interim release.”

In its Sept. 26 decision, which was disclosed in redacted form on Oct. 10, the three-member, all-female PTC1 also raised Duterte’s supposed history of interfering in investigations and retaliating against opponents, noting that he and his supporters could obstruct the ICC proceedings or intimidate witnesses.

It is necessary for Duterte to remain in detention to ensure his presence throughout the ICC process, including his trial, if the charge against him is confirmed, according to PTC1. In addition to the risk that Duterte would “abscond,” PTC1 noted the risk that he could continue committing crimes for which the ICC issued a warrant for his arrest in March.

PTC1 pointed to his statement during a hearing of the House of Representatives quad committee, that “the moment” he is elected mayor of Davao City again in this year’s midterm polls, he “will just double” the number of suspected drug offenders killed. 

The ex-president was arrested and flown to The Hague in the Netherlands in March, two months before the scheduled May midterm elections in which he and his son, Sebastian “Baste” Duterte, ran as Davao City mayor and vice mayor, and won. Baste Duterte now serves as the city mayor.

Duterte was charged with murder as a crime against humanity for the extrajudicial killings in his “war on drugs” from November 2011 until March 2019. Those were the years when the Philippines was still part of the ICC, before it withdrew, on his orders, from the Rome Statute that established the court.

The wheels of justice

Kristina Conti, a member of the National Union of People’s Lawyers and one of the counsels for the drug war victims, said the court “clearly listened to all parties, and most especially the victims, in its decision-making.”

She described the ruling as a “balanced consideration of arguments” made by the accused.

With this decision, she said, she expected the victims and witnesses in the drug war to be “more emboldened to participate” in the ICC proceedings.

“We await and hold on to the maxim: the wheels of justice turn slow, but grind exceedingly fine,” Conti said.

Duterte’s elder son, Davao City Rep. Paolo Duterte, denounced the decision, saying in a statement that it is “a gross and disgraceful miscarriage of justice” and “political theater.”

Referring to his father’s arrest as a kidnapping, he said: “To all kidnappers of my father, I will make sure that you will pay for this crime that you have committed.”

He added: “To the CIA who connived in this criminal act, my father’s kidnapping will not silence him. As a matter of fact, you might just have helped in making him a martyr.”

The VP’s remarks

Statements made by Vice President Sara Duterte, the elder sister of Congressman Duterte and Mayor Duterte, provided PTC1 more reason to deny their father’s request for temporary release.

PTC1 said Duterte’s family “not only physically resisted, but also publicly voiced criticism regarding his arrest and detention, and demanded that he should be brought back to the Philippines.”

It specifically cited the Vice President’s remarks on July 19, 2025, when she mentioned “breaking Mr. Duterte out of the ICC Detention Centre.” It said she also attempted “to delegitimise the Court’s proceedings against Mr. Duterte, citing collusion between the Court and the government of the Philippines as well as the use of ‘fake witnesses.’”

“Furthermore, the Chamber notes that Mr. Duterte’s daughter allegedly indicated on 19 August 2025 that Mr. Duterte had told her that he wishes to return to Davao City, should he be granted interim release, in contradiction with the Defence’s assertion that he would remain in the State he would be released to,” PTC1 said, adding:

“The foregoing illustrates Mr. Duterte’s rejection of the proceedings against him before the Court, and the will of his close family to help him elude detention and prosecution.”  

PTC1 said that as a former president, Duterte has the “necessary political contacts” and benefits from a “network of support” in the Philippines, including his daughter, the Vice President, who all can help him escape.

It said the defense lawyers’ arguments that there must be “concrete circumstances” demonstrating flight risk is “inapposite,” or inappropriate.

It noted that the ICC Appeals Chamber cited just the “possibility, not the inevitability” of a future occurrence and the Pre-Trial Chamber’s determination that a suspect would likely escape involves “an element of prediction.”

“Accordingly, the Chamber finds that Mr. Duterte continues to pose a flight risk and detention is necessary to ensure his presence during the pre-trial proceedings and possible trial,” it said. 

Speculative arguments

PTC1 dismissed the defense lawyers’ arguments that the ex-president’s advanced age and “cognitive impairment” are grounds for his interim release.

It said a thorough review of the documents presented by the defense on the 80-year-old Duterte’s alleged physical and psychological condition showed up their arguments as speculative and unsupported by expert conclusions.

PTC1 also said Duterte’s lawyers were unable to substantiate how his detention is so detrimental as to justify his temporary release. It noted that Duterte has access to a qualified medical officer with experience in psychiatry and that the detention center has a nurse present “at all times.” 

The request for his interim release did not indicate that these were insufficient for Duterte’s medical needs, it said.

It also rejected two prior ICC decisions granting temporary liberty on humanitarian grounds, saying these do not apply in Duterte’s case. Those decisions granted temporary transfers outside of the ICC detention facility for not more than 24 hours while under constant custody of the court and in “very limited and exceptional circumstances” such as attending the funeral of a relative.

The ICC has implemented measures to guarantee Duterte’s “right to family life,” which allows him to receive visits and calls from his family members.

Just and reasonable grounds

The human rights group Karapatan said PTC1’s decision is “a win for justice.”

“The decision affirms the position of the victims and their families that there are just and reasonable grounds to continue to hold Duterte in detention for his crimes against humanity,” said Karapatan secretary general Cristina Palabay.

Duterte’s “propensity to evade justice” underscores his and his family’s capacity to undermine the ICC and pursue witnesses and victims of his war on drugs, Palabay said.

She added: “This recent legal loss of Duterte is a product of the relentless campaigns and work of the victims and their families, as well as the lawyers, the human rights community, and the people’s organizations who persist in keeping watch over the ICC proceedings, despite the delaying tactics employed by Duterte and his ilk.” 

Mamamayang Liberal Rep. Leila de Lima, a former justice secretary, said she had expected the ICC to rule the way it did because Duterte does not have grounds to support his request for temporary liberty under the Rome Statute.

“Expectedly, as a no-nonsense court, the ICC will spare no sacred cows,” De Lima said in a statement. “It will not show favor to anyone, and will only listen to reason and side with what is just and right.”