In March 2025, former Philippine President Rodrigo Duterte was arrested upon arrival in Manila. He was arrested for his involvement in the thousands of extrajudicial killings during his administration’s “war on drugs” campaign. The day after Mr. Duterte’s arrest, he was then delivered into International Criminal Court (ICC) custody in The Hague, Netherlands, where he is awaiting trial.
On 12 June 2025, the Defense for Duterte filed with Pre-Trial Chamber I of the International Criminal Court an “Urgent Request for Interim Release” pursuant to Article 60(2) of the Rome Statute. In their filing, the Defense argues that Mr. Duterte poses no flight risk, will not abscond, will not intimidate or influence witnesses to the investigation, and “will not continue to commit crimes.” Duterte’s advanced age was also harped on by the Defense.
The International Association of Democratic Lawyers (IADL) reaffirms its uncompromising commitment to international human rights law and the pursuit of justice. While interim release mechanisms serve important human rights purposes, they must not supersede ensuring accountability of individuals accused of very serious crimes against humanity. The IADL believes that accountability must prevail. In contrast to the lack of due process in Duterte’s war on drugs, his charges in the ICC require a full, unhindered judicial process. To grant him interim release now threatens or intimidate victims, their families, witnesses and lawyers.
While the humanitarian situation of an accused—especially one of advanced age—warrants respect and care, dubious, deceitful and hypocritical pleas must be exposed as a devious stunt to get undeserved liberty.
Such considerations cannot come before the imperative of ensuring justice. Alternatives to detention become appropriate only when they do not compromise victims’ rights or the ICC’s mandate.
It is in this light that the IADL calls upon the ICC’s Pre-Trial Chamber I to apply a de novo assessment of Articles 58 and 60, ensuring that any decision on interim release fully respects the Rome Statute’s strict criteria and that victims’ voices guide the process.
We enjoin human rights advocates worldwide to stand in solidarity with victims of summary executions under the Duterte administration, to monitor developments closely, and to urge the representatives at the ICC to safeguard the integrity of the judicial process. Only by doing so can the ICC fulfill its mandate and maintain international trust in the rule of law as a means to achieve justice long denied the victims.#