Former president Rodrigo Duterte will stay in confinement at The Hague after International Criminal Court judges concluded that nothing about his situation has shifted enough to grant temporary freedom.
The decision came down on Wednesday, September 16, when Trial Chamber III conducted the second review of his detention. The appearance marked the first time the 80-year-old former leader had been seen publicly since his opening hearing on March 14, 2025.
Judges pointed to the growing threat that Duterte could disrupt the case if allowed to leave custody. A central concern involved recently filed court documents. Because prosecutors had turned over their Witness and Evidence Lists, the identities of those set to testify and the substance of their accounts are now known. “In respect of the latter considerations, owing to the Prosecution’s submission of the Witness and Evidence Lists, (thereby disclosing the identities of the witnesses and the contents of their expected testimony), this increases the Accused’s ability to interfere with witnesses, either directly or through his family or supporters in the Philippines,” the Chamber stated.
The five-page ruling, made public within hours of the hearing, also weighed the stakes now facing Duterte. “The Chamber finds that the prospect of the Accused facing a trial, and (in the event of a conviction) a lengthy prison sentence, has increased. There is, therefore, a likelihood of the Accused absconding and/or obstructing or endangering the investigation or the court proceedings,” the judges wrote.
Duterte’s lawyers had put forward the question of whether he was fit to stand trial back on May 25, and that matter has yet to be resolved. Even so, the judges found no basis in the defense’s arguments to alter his status, noting the submissions contained “any information that warrants a modification of the Accused’s detention. Furthermore, the Defense’s observations do not provide any information that constitutes new facts or a change in circumstances.”
Concluding the matter, the Chamber declared: “The Chamber therefore finds no notable change in circumstances that warrant the release of the Accused, with or without conditions. For these reasons, the Chamber hereby decides that the Accused shall continue to be detained.”
The path to The Hague began with his arrest in Manila on March 11, 2025, over allegations of crimes against humanity, after which he was transferred to the Netherlands.
His legal team has maintained that the former president lacks the mental capacity to participate meaningfully in the proceedings and that his health keeps worsening. Those claims did not persuade the Appeals Chamber, which upheld an earlier ruling by Pre-Trial Chamber I to keep him locked up following January’s initial review.
The charges themselves were locked in on April 23, when Pre-Trial Chamber I unanimously confirmed three counts of crimes against humanity and sent the case forward, with proceedings set to open on November 30.
