As former Philippine president Rodrigo Duterte nears one year in detention at the International Criminal Court (ICC), the prosecution and victims' representatives objected to his interim release during the pre-trial stage, citing his unlikelihood to adhere to conditions and cooperate with the court. This stems from his waiver of attendance at hearings and actions by his supporters. A decision on whether the case proceeds to trial is expected within 60 days.
On February 27, 2026, the confirmation of charges hearing against Rodrigo Duterte concluded at the ICC Pre-Trial Chamber I in The Hague, Netherlands. Duterte did not attend, having waived his right to participate in person or via video link, stating he does not recognize the court's jurisdiction and describing his arrest as 'kidnapping.'
Prosecution trial lawyer Julian Nicholls argued that Duterte's waiver constitutes new evidence against interim release, noting it 'does not sound like the words of a person who would return voluntarily to the court.' He expressed confidence that there are 'substantial grounds to believe' Duterte committed crimes against humanity, and that defense-raised issues are matters for trial.
The common legal representatives of the victims (CLRV), through lawyer Joel Butuyan, highlighted Duterte as a flight risk. 'If Mr. Duterte cannot even hide his contempt for this honorable court while he is already under detention, imagine how Mr. Duterte will use this contempt for the court if he is released,' Butuyan said. He cited a petition to the Philippine Supreme Court with over 160,000 signatures from Duterte's supporters seeking a writ of habeas corpus, and submissions by Duterte's children claiming his arrest was unconstitutional.
Lead defense counsel Nicholas Kaufman did not oppose continued detention. This follows an October 10, 2025, decision rejecting interim release due to risks of flight, witness intimidation, and reoffending.
In the drug war context, the term 'neutralization' in Command Memorandum Circular No. 16-2016 by Ronald dela Rosa commonly means 'kill,' according to witnesses like Arturo Lascañas and Jovie Espenido, and other local sources. It is central to the prosecution's theory that Duterte bears primary responsibility for thousands of killings.
