Former Philippine President Rodrigo Duterte’s legal team has taken a significant step forward in its bid for his interim release from detention at the International Criminal Court (ICC), citing newly acquired information that supports their arguments.
Speaking to ABS-CBN News, Duterte’s international lawyer Nicholas Kaufman confirmed that they have received crucial materials essential to strengthening their case. “We have received some of the information which increases our belief in the correct nature of our argument and the need for this information,” he said, though he refrained from disclosing details due to legal sensitivities.
Kaufman explained that access to these documents had long been contested and was a key reason they earlier requested the ICC to suspend its decision on the interim release plea. “We’ve been arguing for more than a month for access to information, which is crucial, essential for our interim release application. We don’t want to make a half-hearted application,” he stressed.
Duterte, who was arrested in March upon his return from Hong Kong, is facing accusations of crimes against humanity related to his administration’s bloody “war on drugs.” The ICC claims that Duterte orchestrated and supported death squads during his presidency, allegedly responsible for the targeted killings of drug suspects.
The former president remains in custody at The Hague and is scheduled to appear in a confirmation of charges hearing on September 23. The ICC Prosecutor’s Office has opposed his request for release, arguing that Duterte’s international influence and resources pose a flight risk, and that he continues to reject the court’s legitimacy.
However, Kaufman pushed back on these assertions, saying Duterte’s current condition and circumstances negate such concerns. “He’s 80 years old. He’s tired. He’s not going anywhere. It would be impossible for him to flee, for him to hide anywhere,” Kaufman said. He added that Duterte no longer has access to power, nor has he ever threatened witnesses, pointing out that previous Senate inquiries have not resulted in any form of retaliation.
The lawyer also clarified that any interim release would require agreement from a host country—a matter that has seen prior negotiations. One arrangement reportedly fell through, but a new country is now under consideration, pending approval by the ICC judges.
Kaufman said Duterte could, in theory, be released back to the Philippines under interim release if all parties involved—including the Philippine government and ICC prosecution—consent. However, he declined to elaborate further, citing confidentiality rules imposed by the court.
