THE HAGUE — The Office of the Prosecutor at the International Criminal Court (ICC) has formally opposed former Philippine President Rodrigo Duterte’s request for interim release, warning that his freedom could obstruct ongoing investigations into alleged crimes against humanity linked to his controversial anti-drug campaign.
In a partially redacted 15-page submission made public on Monday, ICC prosecutors urged the Pre-Trial Chamber to reject Duterte’s plea, citing serious concerns about potential interference in the proceedings.
“Mr Duterte’s continued detention is necessary to ensure his appearance at trial, ensure that he does not obstruct or endanger the investigation or court proceedings, and prevent him from committing crimes within the jurisdiction of the Court,” the filing stated.
The prosecution specifically raised alarms over the possibility of witness intimidation, saying that Duterte, either personally or through associates or family members, could exert influence over witnesses if released.
The document also emphasized Duterte’s persistent rejection of the ICC’s jurisdiction, highlighting recent statements from his legal team and family, who described his arrest as a “kidnapping” or “abduction.”
“Mr Duterte’s behaviour… and the claims of his family and lawyers that he was kidnapped or abducted by the Court, demonstrate that he does not accept the legitimacy of the legal proceedings against him,” the prosecution noted.
In March, Duterte surrendered to the ICC following the issuance of a warrant over allegations tied to the thousands of extrajudicial killings under his administration’s war on drugs. He is currently detained in The Hague.
Duterte’s legal team had requested his interim release, arguing that continued detention was unnecessary and that he posed no flight risk.
They proposed relocating him to an undisclosed country pending trial, a suggestion the prosecution also rejected as insufficient to mitigate the risks of obstruction and witness tampering.
The interim release request has drawn strong opposition from human rights advocates and families of drug war victims, who fear that Duterte’s release would endanger witnesses and derail efforts to hold those accountable for the killings.
The ICC is investigating Duterte for alleged crimes against humanity committed between 2016 and 2019 during the height of the Philippine government’s anti-narcotics campaign.