Duterte Requests Provisional Release from ICC Detention Citing Health, Age

Former President Rodrigo Duterte’s lawyers have formally requested his temporary release from detention at the International Criminal Court (ICC) to travel to an undisclosed country.

In a court filing submitted on Thursday, June 12, Duterte’s defense team sought his provisional release while awaiting trial for crimes against humanity.

The petition also stated that ICC prosecutors had indicated they would not oppose the release under certain conditions.

“Since then, and since the Chief Prosecutor’s leave of absence, the Prosecution has confirmed its non-opposition to interim release to [redacted] State Party on the understanding that the terms and conditions set out in Annex A to this filing would be met,” read the document filed by Duterte’s lead counsel, Nicholas Kaufman.

The filing also mentioned that a foreign government has agreed to host Duterte if he is released.

However, the document did not disclose which country expressed willingness to take Duterte in while his cases are being prosecuted at the ICC.

“On 9 June 2025, in the context of meetings with the defense — a privilege for which it is extremely grateful — representatives of the government of [redacted] communicated its principled agreement to receive Mr. Duterte onto its territory for the term of his interim release and to host him for that term.”

Duterte’s lawyers cited his advanced age and apparent health issues as grounds for his release.

The defense also argued that Duterte’s detention is unnecessary because he is not a flight risk.

“Mr. Duterte is not a flight risk, and custody is not necessary to ensure his appearance before the Court,” the document stated. “As one of the most recognized political figures in the world, he would be easily found and returned to ICC custody without any prospect of future release.”

Meanwhile, Malacañang said it would respect whatever decision the ICC makes regarding Duterte’s request for interim release.

“Let’s allow the ICC to determine whether they will grant the request for interim release. That’s for the ICC to decide, and it’s up to them what their decision or resolution will be on that matter,” said Presidential Communications Office (PCO) Undersecretary and Palace Press Officer Claire Castro.

However, Castro noted that one of the conditions in the defense’s motion seemed to imply an admission that the former president committed the crimes being alleged.

“So in one way or another, the counsel admitted that the former President had committed such crimes? Just a question,” said Castro.

If this is Duterte’s camp’s strategy, Castro said they should be convincing enough to the ICC judges and avoid later claiming that they were only joking — as Duterte did in his infamous statement about riding a jetski to the West Philippine Sea.

Meanwhile, former Bayan Muna Representative Neri Colmenares assured that the lawyers of the families of extrajudicial killing (EJK) victims would oppose Duterte’s petition for provisional release at the ICC.

“There is a high risk that threats against the victims and their lawyers will escalate if he is released. The ICC must prioritize the safety of those seeking justice,” Colmenares said.

He also emphasized that there is strong evidence against Duterte, making it difficult for him to prove his innocence.

Colmenares likewise refuted the claim made by Duterte’s camp that the former president no longer holds influence or power.

“The Dutertes are still in power and are very powerful — powerful enough to even manage to kill the impeachment complaint against the OVP (Office of the Vice President). President Duterte is the Mayor of Davao City, his son is the Vice Mayor, another son is a congressman, his daughter is the Vice President, and many of his relatives and supporters are in public office,” Colmenares pointed out.