FORMER president Rodrigo Duterte will remain in detention at the International Criminal Court (ICC) after its Trial Chamber III ruled that circumstances do not warrant his release, citing increased risks associated with his pending trial.
The chamber’s decision came as Duterte made his first in-person appearance before the tribunal since he was arrested in the Philippines and transferred to The Hague in March 2025.
The 81-year-old former president appeared before the court on Sept. 16 during the third status conference in his case involving alleged crimes against humanity linked to his administration’s war on drugs.
The ICC said the prospect of Duterte facing trial and, if convicted, a lengthy prison sentence had increased, supporting the need for his continued detention.
The decision also followed prosecution submissions that Duterte could pose a risk of absconding or interfering with witnesses.
Acting ICC Prosecutor Mame Mandiaye Niang had urged the chamber to keep Duterte detained, saying there had been no circumstances that justified changing the previous detention order.
In a Sept. 14 filing, Niang cited the scheduled trial, additional incidents added to the charges and the disclosure of prosecution witnesses’ names and expected testimony to the defense.
The prosecution argued that Duterte’s continued detention was necessary to ensure he would not interfere with witnesses or obstruct court proceedings.
The defense, however, maintained that Duterte’s detention should be considered alongside the pending determination of his fitness to stand trial.
His lawyers had raised concerns about his health and cognitive condition, and requested a medical examination.
The defense said it intended to seek a review of his detention after the chamber ruled on his fitness, if circumstances warranted it.
Duterte’s trial is scheduled to begin on Nov. 30.
During Wednesday’s proceedings, Duterte sat in the defense section of the courtroom in a black suit and white shirt. He did not make a statement.
The hearing was also attended by members of his family and supporters.
The former president faces charges over killings committed during his presidency from 2016 to 2022 and during his earlier tenure as Davao City mayor.
The ICC alleges that the killings formed part of a widespread and systematic attack against civilians.
Duterte has denied the allegations and previously questioned the ICC’s jurisdiction over the Philippines.
The Philippines withdrew from the Rome Statute in 2019, but the ICC has maintained jurisdiction over alleged crimes committed while the country was a state party.
The confirmation of charges against Duterte in April 2026 committed the case to trial.
His continued detention means he will remain at the ICC detention center in The Hague while the proceedings move forward.
The court’s latest ruling does not determine his guilt or innocence. The charges remain allegations until proven in court.
Panagutin Network-Netherlands spokesman Joel Vega welcomed the appearance of the former president before Chamber III of the ICC.
In a Messenger chat with The Manila Times on Thursday, Vega, who led the petition to deny asylum to Duterte’s spokesman, Harry Roque, said it was a good development that the ICC chamber required the former chief executive’s appearance.
“His presence is a departure or is in stark contrast to his... repeated refusals to appear in court... For the victims and for the purposes of justice, it is important that the accused appear in court,” Vega said.
“Let him face the charges, defend himself through his lawyers, and his legal team who are well-paid and have all the resources to do their legal work for him,” he added.
“What is Duterte afraid of in court when he has all the finances, money and political clout to face the charges? His Netherlands-based supporters remain noisy and loud, but ironically, they are fearful of a thorough and close investigation into the drug war,” Vega said.
