THE HAGUE, Netherlands — In a major development at the International Criminal Court (ICC), the primary defense counsel for former Philippine President Rodrigo Duterte has officially withdrawn from the case. On Sunday, May 10, 2026, Atty. Harry Roque filed his formal notice of withdrawal, but not before making a “final bid” for his client’s provisional liberty.
Duterte has been detained at the ICC’s Scheveningen facility since his arrest in March 2025, facing charges of crimes against humanity related to the “War on Drugs” and the “Davao Death Squad.”
Before stepping down, the defense team submitted an urgent motion for Duterte’s release from detention, citing a combination of legal and humanitarian grounds.
- Deteriorating Health: The motion emphasizes Duterte’s age (81) and worsening chronic conditions, including Barrett’s esophagus and Buerger’s disease, which the defense argues cannot be adequately managed within the detention facility.
- Low Flight Risk: The filing contends that the former president no longer possesses the political machinery to flee or influence witnesses, particularly following the recent political shifts in the Philippines.
- House Arrest Proposal: As an alternative to full release, the defense proposed a “humanitarian house arrest” within a secure location in the Philippines or a neutral third-party country.
Atty. Roque’s withdrawal marks the end of a contentious year-long defense strategy. While the official reason cited “irreconcilable differences in legal strategy,” insiders suggest broader implications:
- Transition to New Counsel: A new international legal team, reportedly consisting of veteran human rights and defense lawyers from London and The Hague, is expected to take over the case by Monday, May 11.
- Mounting Evidence: The exit follows a string of legal setbacks, including the ICC’s refusal to dismiss the testimony of several high-ranking former Philippine National Police (PNP) officials who turned state witnesses in late 2025.
The ICC Trial Chamber is now faced with a critical decision regarding the detention of the former president as the trial enters its most intensive phase.
| Case Milestone | Status/Date |
| Arrest & Detention | March 2025 |
| Evidence Submission | Completed April 2026 |
| Ruling on Release Motion | Expected within 72 hours |
| Formal Trial Start | Scheduled for June 15, 2026 |
The news has sent ripples through the Philippine political landscape. While the Marcos Jr. administration maintained its stance of “non-interference” in the ICC proceedings, supporters of the former president in Davao have renewed calls for his repatriation, citing his “right to spend his remaining years in his homeland.”
Conversely, victims’ groups and the Rise Up for Life and for Rights coalition have urged the ICC to deny the release, arguing that the former president’s influence remains a potent threat to the safety of witnesses still residing in the Philippines.