Victims’ representatives have asked the International Criminal Court to keep former President Rodrigo Roa Duterte in detention, citing continued risks of flight, interference and intimidation as he prepares to stand trial for alleged crimes against humanity.
In a filing dated May 8 before Trial Chamber III, the Common Legal Representatives of the Victims said none of the conditions justifying Duterte’s detention have changed and that his continued custody remains “strictly necessary” to ensure his appearance in court and safeguard the integrity of proceedings.
The chamber is composed of Presiding Judge Joanna Korner, Judge Keebong Paek and Judge Nicolas Guillou.
Victims’ lawyers said the confirmation of charges against Duterte — now formally an accused — has heightened the risk of absconding. They pointed to his public rejection of the court’s jurisdiction and his network of supporters as factors that could enable him to evade justice if released.
“The prospect of Mr Duterte standing trial for three counts of crimes against humanity has now materialised,” the filing said, adding that detention remains the most effective way to secure his presence.
They also warned that Duterte’s potential release could expose victims and witnesses to pressure or intimidation. The filing cited his support base in the Philippines and abroad, saying his release could undermine victims’ confidence in the judicial process and embolden supporters.
The ICC has reviewed Duterte’s detention multiple times since his surrender, with the most recent ruling issued about three months ago and upheld on appeal. Victims’ representatives said no new circumstances have emerged that would justify interim release under the Rome Statute.
Separately, Kristina Conti of the National Union of Peoples' Lawyers said in an online post that while Duterte has the right to counsel of his choice, any change in legal representation should not delay proceedings.
She said victims expect the trial to begin “as soon as possible” and will relay their concerns through their legal representatives at a status conference set for May 27.
Conti added that the defense has indicated a new lead lawyer will attend the hearing, though she expressed caution about potential delays.
Meanwhile, lawyer Nicholas Kaufman has requested permission from the ICC to withdraw as Duterte’s legal counsel in the case.
Duterte faces three counts of crimes against humanity linked to killings during his anti-drug campaign. Victims’ representatives said maintaining his detention is essential as the case moves closer to trial.
A first status conference in Duterte’s case is scheduled for May 27, 2026, as the court moves forward with pre-trial proceedings.
