Former President Rodrigo Duterte has formally requested interim release from the custody of the International Criminal Court (ICC), with plans to relocate to an undisclosed country, according to a June 12 filing submitted by his lead counsel, Nicholas Kaufman.
Duterte’s legal counsel revealed that an unnamed ICC member state has expressed willingness to accept the former president into its territory.
"[Redacted] has affirmed its principled willingness to cooperate with the court, and to accept Mr. Duterte onto its territory for the duration of his interim release and enforce conditions of release," the filing read.
Kaufman also noted that the unnamed country has expressed readiness to provide its observations promptly, should the ICC’s Pre-Trial Chamber request them.
The defense further maintained that Duterte does not pose a flight risk and "will not continue to commit crimes" if granted provisional release.
"Mr. Duterte is no longer the President of the Philippines, and does not command the same influence or power he is said to have abused during the period of the alleged crimes," Kaufman explained.
"He no longer holds the type of office that the Prosecution argues allowed him to order and to implement the policies that form the basis for the ICC warrant," he added.
Moreover, the legal counsel stated that should the release be granted, Duterte will not engage from any public engagements, official duties, or communication with individuals outside his immediate family.
The defense also mentioned that Duterte has pledged not to access the internet or utilize any electronic devices, including mobile phones, during his interim release.
"Given these restrictions and considering that he will be residing well outside the geographic scope of the alleged crimes, the likelihood of Mr. Duterte posing a risk under Article 58(1)(b)(iii) is non-existent," Kaufman said.
Furthermore, the defense cited humanitarian grounds in favor of Duterte’s interim release, pointing to his advanced age of 80.
Duterte is currently detained at the ICC Detention Center in The Hague, Netherlands, following his arrest on March 11.
He faces charges of crimes against humanity, allegedly committed in the Philippines between November 1, 2011, and March 16, 2019.
The confirmation hearing for the charges against Duterte is set to take place on September 23, 2025.
