The Manila Times
MANILA, Philippines — Prosecutors and victims’ representatives at the International Criminal Court (ICC) have separately urged judges to keep former president Rodrigo Duterte in detention, arguing that his release would endanger trial proceedings, increase the risk of flight, and potentially expose witnesses and victims to intimidation. In filings dated May 8, 2026 before Trial Chamber III, both the Office of the Prosecutor and the Common Legal Representatives of Victims said there had been no change in circumstances warranting Duterte’s release under Article 60(3) of the Rome Statute. The prosecution argued Duterte continued to meet the conditions for pre-trial detention under Articles 58(1)(a) and 58(1)(b), citing risks that he could abscond, obstruct proceedings, or continue committing crimes. “Recent events demonstrate that Mr Duterte’s continued detention is necessary under article 58(1)(b)(i) of the Statute,” prosecutors wrote. Victims’ representatives likewise told the Chamber that Duterte’s presence at trial was now “strictly necessary” after judges confirmed all charges of crimes against humanity against him in April. “Victims are particularly concerned about the prospect of Mr. Duterte being released,” the filing stated. “To ensure Mr. Duterte’s appearance at trial and prevent any kind of interference with the administration of justice, Victims posit that the Accused’s detention has to be maintained.” The prosecution pointed to recent statements from Duterte’s family, allies, and even his own defense counsel as evidence of continued efforts to undermine the court’s legitimacy. Prosecutors cited remarks made on May 5, 2026 by Vice President Sara Duterte, Duterte’s daughter, who said: “We don’t see any way that the ICC will let go of the case of President Duterte. Since it is only one of two ICC [ongoing] cases. So we don’t think that they will let this go.” The filing also referenced comments by Duterte ally, former presidential legal counsel Salvador Panelo, who allegedly said the court “is trying to justify its existence.” Prosecutors further noted that Duterte’s own defense counsel had publicly questioned the ICC’s legitimacy, accusing judges of issuing biased rulings to justify the court’s work and budget. According to the prosecution, these statements reflected “an ongoing effort” — a sentence partially redacted in the public filing — apparently aimed at undermining proceedings and facilitating non-cooperation. Victims’ representatives separately argued that Duterte remained an “acute flight risk” because he has repeatedly rejected the ICC’s legitimacy and jurisdiction. They said no release conditions could adequately prevent him from relying on his “extensive network of support to ultimately evade justice.” The filing also warned of possible intimidation and interference, noting that Duterte continues to command “a strong support base in the Philippines and even abroad,” including public demonstrations in The Hague. “His trial is not a distant or abstract event,” the victims’ representatives wrote. “Families of those who were killed during the so-called ‘War on Drugs’ have waited more than a decade to see Mr. Duterte held to account.” The prosecution also recalled findings by the Pre-Trial Chamber and Appeals Chamber supporting Duterte’s detention, including alleged resistance during his arrest, public statements by Vice President Duterte about freeing her father from detention, and Duterte’s continued political influence after winning the Davao City mayoralty in May 2025. Judges had likewise found a risk of obstruction based on Duterte’s alleged “history of threatening and taking retaliatory actions against individuals opposed to him,” as well as the possibility of continued crimes stemming from an alleged 2024 pledge to “double the killings” if re-elected. Prosecutors argued that two recent ICC rulings further strengthened the case for continued detention. On April 22, 2026, the Appeals Chamber upheld the ICC’s jurisdiction over Duterte’s case, while on April 23, 2026, the Pre-Trial Chamber unanimously confirmed all charges against him. “Mr Duterte’s case is therefore confirmed to go to trial, which increases the risk that he may abscond,” prosecutors wrote. The prosecution added that continuing disclosure of evidence, including new witness statements, depended on ensuring witness protection, which it said also weighed in favor of keeping Duterte detained. Duterte, who served as president from 2016 to 2022, faces crimes against humanity charges linked to the anti-drug campaign carried out during his tenure as Davao City mayor and later as president. He was surrendered to the ICC by the Philippine government on March 12, 2025 following the issuance of an arrest warrant. His requests for interim release were denied by Pre-Trial Chamber I in September 2025, a ruling later upheld by the Appeals Chamber in November 2025. A subsequent detention review in January 2026 also kept him in custody. Under Article 60(3) of the Rome Statute and Rule 118(2) of the Rules of Procedure and Evidence, the Chamber must review detention orders at least every 120 days. Prosecutors argued that the duration of Duterte’s detention alone did not constitute a changed circumstance. Both the prosecution and victims’ representatives asked Trial Chamber III, headed by Judge Joanna Korner, to maintain Duterte’s detention pending trial.
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