Former President Rodrigo Duterte is seeking temporary freedom from the International Criminal Court (ICC) as an unnamed country signals its willingness to provide him shelter—under tightly controlled conditions.
In a public but heavily redacted court filing dated June 12, Duterte’s lead counsel Nicholas Kaufman submitted an “Urgent Request for Interim Release” to ICC Pre-Trial Chamber I, invoking Article 60(2) of the Rome Statute.
Kaufman disclosed that a confidential state party to the treaty has offered to host Duterte and implement whatever restrictions the Court may require.
The defense insists Duterte does not pose a flight risk, nor does he threaten ongoing investigations, witnesses, or victims connected to the ICC probe into alleged crimes against humanity tied to his drug war.
“There is more than good reason to believe that Mr. Duterte would not embarrass his hosts… by violating the terms of his release,” the defense argued.
Duterte’s legal team also said he would be relocated outside the geographic areas where the alleged crimes occurred and assured the Court that he would not commit further offenses.
Significantly, the defense claimed that ICC prosecutors are unlikely to oppose Duterte’s release, as long as strict conditions—detailed in confidential annexes—are enforced. These conditions may include curbs on his travel, public statements, and communication.
Now 80 years old, Duterte has been detained at the ICC facility in The Hague since March 13, 2025, following his arrest upon arrival in Manila two days earlier.
His lawyers highlighted his age and health concerns as humanitarian grounds for the release request, noting that the unnamed host country offers a “stable and suitable environment” that aligns with international legal norms.
The ICC Pre-Trial Chamber is expected to review responses from prosecutors, victim representatives, and potentially the offering state before making a decision.
If granted, Duterte would become the most high-profile individual to be released by the ICC under interim conditions.
