(UPDATE) THE International Criminal Court (ICC) has ordered that former president Rodrigo Duterte remain in detention, rejecting a renewed request for his interim release.
The Pre-Trial Chamber I ruled that there has been no material change in the severe risks that initially justified his arrest, including the likelihood that he could flee, obstruct proceedings, or commit further crimes within the court’s jurisdiction.
The decision, issued on Jan. 26, 2026, by a three-judge panel presided over by Judge Iulia Antoanella Motoc and including Judges Reine Adélaïde Sophie Alapini-Gansou and Maria del Socorro Flores Liera, relied heavily on the unanimous findings of a court-appointed medical panel.
The experts concluded that Duterte, 80, is fit to participate in pre-trial proceedings, despite some test results showing memory and executive function issues. The panel described him as an “unreliable historian concerning his health and mental functions” and did not diagnose the neurological disorder alleged by the defense.
Central to the defense’s case was the claim that Duterte’s cognitive condition, allegedly impaired by a neurological disorder, constituted a new fact that undermined the reasons for his detention. The defense submitted its own medical report arguing that these purported “cognitive deficiencies” rendered Duterte unable to act on the risks envisioned by the court’s statute, such as fleeing or interfering with witnesses.
However, the chamber expressly declined to consider the defense’s medical evidence, stating it would not rely on reports from a party to the proceedings due to concerns over expertise and impartiality. Instead, the judges based their assessment on the unanimous findings of a three-member panel of medical experts appointed by the court itself. That panel concluded that Duterte is fit to participate in pre-trial proceedings.
Critically, none of the court-appointed experts diagnosed the specific disorder alleged by the defense, nor did they attribute his test performance to it. The chamber therefore determined that the medical evidence did not represent a changed circumstance warranting his release.
In evaluating the persistent risks, the judges found the flight risk to be “particularly heightened.” They cited recent public statements from Duterte’s family and close associates that continue to show a rejection of the court’s legitimacy and a willingness to help him evade justice.
The chamber also agreed with the Office of Public Counsel for Victims that its own recent decision, which confirmed Duterte’s fitness for trial and advanced the case toward a confirmation of charges hearing, now provide a further incentive for him to flee.
His international connections, domestic network of support, the gravity of the charges — which include multiple murders and attempted murders as crimes against humanity — and the potential for a lengthy sentence all contributed to the unchanged assessment.
Regarding the risk of obstruction, the chamber upheld its prior finding that Duterte and his associates possess the ability and means to interfere with proceedings and that he retains a strong incentive to influence witnesses.
Concerning the danger of further crimes, the chamber noted no change in the circumstances surrounding Duterte’s past statement that he would “double the killings” if re-elected mayor of Davao City, his subsequent election to that office in May 2025, or the powerful position held by his son in the same city. Thus, detention remains necessary to prevent the commission of crimes within the court’s jurisdiction.
The chamber also found proposals for his conditional release to be insufficient. A state party had reiterated its willingness to host Duterte and provided new details on implementing conditions. Yet the chamber identified a critical failure: the state indicated it could not enforce the wearing of an electronic monitoring bracelet, a condition the judges had previously deemed essential to mitigate the risk of flight.
Consequently, the chamber said release to that state could not be considered.
Furthermore, the judges firmly rejected a secondary defense proposal to “supply a privately funded alternative” for monitoring, calling the offer “misplaced and inappropriate.” They argued that a privately funded mechanism inherently lacks the independence, reliability, and enforceability guaranteed by state authority. Such an arrangement, the chamber held, undermines equality before the law by making compliance with judicial conditions dependent on a suspect’s personal wealth rather than objective legal standards.
The chamber concluded that the grounds for Duterte’s arrest remain valid and that no set of proposed conditions could sufficiently mitigate the established risks. The former president therefore remains in detention as the pre-trial phase of the case continues.
Duterte was surrendered to the court on March 12, 2025, following an arrest warrant issued on March 7, 2025. The charges relate to allegations of crimes against humanity during his presidency, tied to his bloody war on drugs in which thousands of suspects were killed.
The confirmation of charges hearing, which determines if there is sufficient evidence for the case to go to trial, is scheduled to start on Feb. 23, 2026.
Hours after the ICC ruled that Duterte is fit to stand trial, his lead counsel announced plans to appeal, accusing the court of denying the defense a fair chance to challenge medical evidence.
In a statement, Nicholas Kaufman expressed disappointment with the court’s procedure.
“The defense is disappointed that, contrary to accepted practice, it was denied the opportunity to present its own medical evidence and to question, in court, the contradictory findings of professionals selected by the judges,” Kaufman said.
He confirmed the defense team’s next step: to seek leave to appeal the decision and argue that Duterte was denied due process.
Duterte’s daughter, Vice President Sara Duterte, did not give any reaction to the decision of the ICC to schedule the confirmation of charges hearing on her father, opting instead to discuss the sea accidents that happened in the country over the past few weeks.
In a meet and greet with supporters outside Scheveningen Prison at The Hague, the vice president said that while she is not allowed to discuss the case, she will meet with her father’s lawyers in the coming days.
She thanked their supporters who continued to give their support outside the prison.
She also discussed with her father the three sea incidents that happened in the country over the past few weeks, the most recent being the sinking of the MV Trisha Kerstin 3 in Basilan on Monday.
No interference
Malacañang on Tuesday said the Philippine government would not interfere in Duterte’s trial at the ICC.
Palace Press Officer Claire Castro issued the statement a day after the ICC’s pre-trial chamber ruled that the 80-year old Duterte was fit to stand trial.
Castro said President Ferdinand Marcos Jr. and his administration respected the processes conducted by the international court.
“The decision was made by the ICC Pre-Trial Chamber 1. So if that’s their process, the president will not interfere, and neither will the Philippine government,” Castro said during a press conference.