Former President Rodrigo Duterte could request interim release from the International Criminal Court (ICC), but he must agree to strict conditions, including appearing before the court when summoned, according to ICC spokesperson Dr. Fadi El Abdallah.
In an interview aired on 24 Oras, Abdallah explained that interim release is possible if the court can ensure the individual won’t interfere with the investigation or evade proceedings. Measures often include restrictions such as no contact with witnesses, no public commentary, and guarantees of reappearance in court.
He added that the ICC can establish agreements with states to host individuals granted interim release—either through general or case-specific arrangements. However, any such release must be accepted by the host country under specified conditions.
“This mechanism is rooted in the principle of presumption of innocence,” Abdallah emphasized.
The ICC official clarified that warrants or summons are based on how likely a suspect is to comply with court orders. In Duterte’s case, technical conditions for release would need to be agreed upon by the host state and reviewed by the judges on a case-by-case basis.
On whether Duterte could return to the Philippines, Abdallah said it depends on the country’s willingness to enforce the ICC’s release conditions, including ensuring the former president’s return to court and non-interference with proceedings.
Despite the Philippines’ withdrawal from the ICC in 2019, Abdallah reiterated that the court still holds jurisdiction over crimes allegedly committed while the country was a party to the Rome Statute. This stance is backed by a 2021 Philippine Supreme Court ruling obligating cooperation with the ICC on matters predating the withdrawal.
Duterte is currently detained at the Hague’s Scheveningen Prison as he awaits trial. The next hearing on the confirmation of charges is scheduled for September 23, 2025.