ICC Decision Keeps Duterte Behind Bars Over Possible Flight Risk
DUTERTE – The International Criminal Court ruled that Duterte poses a significant flight risk if released from custody.
Former Philippine President Rodrigo Duterte will remain detained in The Hague after Trial Chamber III of the International Criminal Court ordered continued detention, rejecting his request for temporary release due to high flight risk before trial. The ruling issued May 22 by Judge Joanna Korner said legal requirements for conditional release were not met, and detention must continue during proceedings.
The court emphasized the importance of ensuring Duterte’s presence throughout the trial proceedings. This marks a key development in the ICC case against him.
The chamber stated that there is a strong flight risk, citing Duterte’s refusal to recognize the ICC’s jurisdiction. Judges also noted that confirmation of three murder charges on April 23 reinforced continued detention, as it increased the likelihood of absconding before trial rather than supporting release.
The court explained:
“In this regard, the Chamber observes that it is this Court’s consistent and longstanding jurisprudence that 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,” TC III’s eight-page decision. Judges said that confirmation of charges signals progress toward trial and strengthens the justification for detention.
The chamber also reviewed Duterte’s statements, where he called his transfer to ICC custody “kidnapping” and asked not to attend the confirmation of charges hearing in February. The ruling said:
“Such statement demonstrates at its lowest that the accused will not comply with any orders that might be made in respect of a release from custody,” said the chamber. The court said this supports concerns over compliance with orders.
Under the Rome Statute, detention is reviewed every 120 days. The ICC Registry said Duterte’s occasional balance issues were consistent with age and mobility and were addressed by staff. Defense claims about health risks were not sufficient for release. No trial date is set, but a status conference is scheduled for May 27. Authorities continue to monitor his condition while legal procedures move toward the start of the trial phase. Further hearings are expected as the court prepares for the next stage of proceedings officially ongoing.
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