Judges at the International Criminal Court have opened another round of assessment on whether former president Rodrigo Duterte should remain in custody, directing both sides to submit updated arguments before trial proceedings move forward.
In a May 1 directive, Trial Chamber III asked involved parties to present their positions on the continued detention of the accused, including any developments that could justify release, whether conditional or not. The order emphasized that detention status must be revisited regularly under the court’s rules.
“The Chamber observes that, pursuant to the statutory framework, the Accused’s pre-trial detention shall be reviewed at least every 120 days,” read the order signed by Presiding Judge Joanna Korner alongside Judges Keebong Paek and Nicolas Guillou.
The same order pointed to recent developments following earlier proceedings as grounds for reopening discussions on custody. “In light of the developments following the annual hearing, the Chamber considers it necessary to give the parties and participants the opportunity to submit any observations they may have regarding the Accused’s continued detention or release, with or without conditions, including the existence of any changed circumstances,” it added.
Previous attempts to secure temporary freedom have not succeeded. The ICC’s Pre-Trial Chamber I had rejected a request for interim release, citing concerns that Duterte might evade proceedings or interfere with witnesses, a position later upheld on appeal.
Subsequent reviews in January reaffirmed the decision to keep him in custody, with the Appeals Chamber again backing that outcome.
Now 81, Duterte has been held at the ICC detention facility in Scheveningen, The Hague, since his arrest and transfer to the tribunal in March 2025. His legal team has also raised questions about his ability to face trial, arguing in earlier filings that his health condition makes him unfit to participate in the proceedings.
