Former President Rodrigo Duterte will remain in detention at the International Criminal Court (ICC) in The Hague, Netherlands, after Trial Chamber III found no significant change in circumstances that would warrant his release.
The chamber issued the decision on Wednesday, September 16, following its review of Duterte’s detention as he faces trial for alleged crimes against humanity linked to his administration’s anti-drug campaign.
In its five-page decision, the ICC said the prospect of Duterte facing trial, and potentially a lengthy prison sentence if convicted, had increased.
“The Chamber finds that the prospect of the accused facing a trial, and (in the event of a conviction), a lengthy prison sentence, has increased.”
The Chamber said this created a likelihood that Duterte could abscond, obstruct, or endanger the investigation or court proceedings if released.
It also cited concerns over possible interference with witnesses following the Prosecution’s disclosure of its Witness and Evidence Lists.
“This increases the Accused's ability to interfere with witnesses, either directly or through his family or supporters in the Philippines,” the Chamber said.
The ICC further noted that Duterte’s detention remains necessary while the proceedings continue, particularly as the prosecution has disclosed the identities of witnesses and the contents of their expected testimony.
The decision also addressed the ongoing assessment of Duterte’s fitness to stand trial. Although the chamber has yet to rule on the matter, it said the reports submitted by the expert panel contained no new information that would justify modifying his detention.
The chamber therefore ordered that Duterte continue to be detained at the ICC Detention Centre in The Hague.
Duterte has been in ICC custody since his arrest and transfer to The Hague in March 2025. The ICC’s Pre-Trial Chamber I confirmed all three crimes against humanity charges against him in April 2026 and committed the case to trial, finding “substantial grounds to believe” that he was criminally responsible for the alleged crimes.
The case concerns alleged killings committed as part of a “widespread and systematic attack against a civilian population” in the Philippines between November 1, 2011, and March 16, 2019, in the context of the government’s anti-drug campaign.
The detention ruling came hours after Duterte appeared in person before the ICC for the first time since his initial appearance hearing on March 14, 2025.
