MANILA, Philippines — The International Criminal Court (ICC) has ordered the continued detention of former president Rodrigo Duterte pending trial, rejecting defense arguments that his declining health and cognitive impairment warranted release.
In a unanimous decision, Trial Chamber III found that the confirmation of charges against Duterte — which includes crimes against humanity over his controversial "war on drugs" — actually increased the risk that he might abscond or obstruct justice.
"The confirmation of charges increases the risk that an accused may abscond and is therefore not a change in circumstances that militates in favour of conditional release, but rather one supporting continued detention," the three-judge panel wrote.
Duterte, 81, was surrendered to the court on March 12, 2025, pursuant to an arrest warrant issued days earlier. His detention has been upheld in multiple rulings since then, including a September 2025 interim release decision and a January 2026 review — both confirmed by the Appeals Chamber.
The defense had argued that Duterte's physical condition and cognitive capacities represented a "prima facie change in circumstances" meriting reconsideration.
Lawyers described "frequent episodes of falls occasioned by a loss of balance" and said his impaired short-term memory meant he "is not capable of remembering sufficient details for the purpose of instructing others to tamper with witnesses."
However, the Chamber noted that three court-appointed medical experts had examined Duterte, and their reports "do not contain any information that warrants modifying the Accused's detention."
Presiding Judge Joanna Korner, along with Judges Keebong Paek and Nicolas Guillou, also pointed to Duterte's refusal to attend his confirmation hearing, during which he stated: "I do not recognise the jurisdiction of the International Criminal Court over my person."
The court said that statement demonstrated "at its lowest that the Accused will not comply with any orders that might be made in respect of a release from custody."
Citing Duterte's "access to vast resources and contacts, including his family and supporters in the Philippines who may assist him in evading justice," the Chamber found that his health issues did "not constitute factors which outweigh the risks" of flight or obstruction.
The risks under Article 58(1)(b)(i) and (ii) of the Rome Statute — concerning flight and interference with proceedings — have increased, the court said, while it saw "no change in circumstances" regarding other risks.
Duterte will remain in ICC custody in The Hague. The trial is expected to proceed following the April 23, 2026, confirmation of charges against him.
