Former President Rodrigo Duterte's lawyer has again filed a motion for his interim release from International Criminal Court (ICC) detention, citing deteriorating health. In a January 9, 2026, filing, the lawyer described Duterte as an 'emaciated, infirm and incapacitated shadow of his former self.' However, the ICC prosecutor opposed it, stating no change in circumstances warrants release.
On January 9, 2026, Rodrigo Duterte's lawyer Nicholas Kaufman filed a motion ahead of the first review of his pre-trial detention at the International Criminal Court (ICC). Kaufman argued that the passage of time has severely impacted Duterte's health, describing him as old, frail, and suffering from 'unexplained weight loss' per the court-appointed expert panel. 'Mr. Duterte is unable to function on a daily basis without constant assistance,' Kaufman wrote in the submission.
The defense submitted a report from their own experts claiming Duterte's condition reduces risks of flight, witness interference, or further crimes. Kaufman criticized ICC deputy prosecutor Mame Mandiaye Niang's interpretation that Duterte was feigning cognitive impairments to avoid trial, noting no court expert suggested deliberate underperformance.
In response, Niang maintained there is 'no change' in circumstances since the Pre-Trial Chamber's prior ruling. 'The Prosecution is not aware of any change in circumstances or new facts which would require the Chamber to modify its Decision. On the contrary, recent developments lend further support for Mr. Duterte’s continued detention,' he stated. He referenced statements from Duterte's relatives, including Vice President Sara Duterte and grandson Rep. Omar Duterte, who continue to claim the former president was 'kidnapped.'
Duterte has been held at the ICC Detention Center in The Hague since the Philippine government surrendered him in March 2025. His last public appearance was a video-linked initial hearing on March 14. In December 2025, a court-appointed medical panel assessed him as fit for trial despite his age and frailty, but his lawyers' urgent motion for a new report focused on detention risks was rejected by the ICC's Pre-Trial Chamber I.
Meanwhile, a false social media claim circulated that the Philippine Supreme Court had dismissed Duterte's ICC case, which is untrue. No such resolution exists, and the SC lacks jurisdiction over ICC proceedings under the Rome Statute. Petitions by Duterte's children for a writ of habeas corpus were urged for dismissal by the Office of the Solicitor General as moot, given his custody in The Hague beyond Philippine reach.
