ICC orders Rodrigo Duterte’s continued detention

DUTERTE. Former Philippine president Rodrigo Duterte appears before the International Criminal Court, as the court hears arguments regarding Duterte's health and ability to stand trial, while he faces murder charges related to his war on drugs, in The Hague, Netherlands, on September 16 2026.

Piroschka van de Wouw/Pool via Reuters

'The Chamber therefore finds no notable change in circumstances that warrant the release of the Accused, with or without conditions,' says the order issued by the ICC Trial Chamber III

MANILA, Philippines – The International Criminal Court (ICC) Trial Chamber III ordered the continued detention of former Philippine president Rodrigo Duterte at The Hague, Netherlands.

“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,” said the chamber’s decision on Wednesday, September 16.

In May, the chamber said Duterte is still not qualified to avail himself of temporary liberty, ruling that the former president shall continue to be detained.

At the ICC, chambers conduct a yearly review to check if detention is still warranted for an accused. Specifically, the judges will check for changed circumstances that would warrant temporary liberty for detained suspects.

After the May resolution, the chamber reviewed Duterte’s continued detention again.

According to the trial chamber, it found that there’s a likelihood that Duterte would “abscond,” “obstruct,” or “endanger” the court proceedings.

“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 court explained.

The court is also assessing Duterte’s fitness for trial. But even though the results of this assessment are still pending, the “panel’s reports do not contain any information that warrants a modification of the accused’s detention,” the court said.

Under the Rome Statute, which created the ICC, a suspect cannot be released if they present risk factors, which include the danger of fleeing, obstructing justice by intimidating witnesses, or recommitting the same alleged crimes.

“Accordingly, the Chamber finds that the risks under Article 58(1)(b)(i) and (ii) have increased and, in respect of the risks outlined in Article 58(1)(b)(iii), sees no change in circumstances,” the court explained.

The chamber held the third status conference on Duterte’s case on Wednesday, where the parties discussed the possible evidence for the upcoming November 30 trial. Duterte appeared during the hearing, marking his first personal appearance before the court since his arrest in March 2025. – Rappler.com