(UPDATE) THE International Criminal Court (ICC) has deferred its ruling on the request for interim release filed by former president Rodrigo Duterte, citing the need for additional information from the defense team.
The ICC’s Pre-Trial Chamber I granted the defense’s motion to suspend the tribunal’s ruling on the interim release request, emphasizing that a decision will be made only once further supporting materials are submitted or when the chamber deems it appropriate.
Presiding Judge Iulia Antoanella Motoc and Judge Reine Adélaïde Sophie Alapini-Gansou voted in favor of the deferral, while Judge María del Socorro Flores Liera dissented.
“The majority considers it appropriate, in the circumstances, to defer the issuance of its decision on the interim release request until further action is undertaken by the defense on the matter, or until the chamber deems it appropriate,” the decision stated.
The court clarified that the proceedings are in accordance with Article 60(2) of the Rome Statute, which allows individuals under ICC arrest warrants to request interim release while awaiting trial. However, such proceedings must be initiated by the accused, and sufficient grounds must be provided to justify release.
“The present decision shall not be construed as prejudging any matter to be determined in the context of the proceedings related to the interim release request,” the tribunal said.
A redacted public copy of the defense’s request, signed by Duterte’s counsel Nicholas Kaufman and filed on July 14, revealed that the defense believes the Pre-Trial Chamber should delay ruling until certain materials — currently withheld from the public — are reviewed by both the defense and the judges.
“At the time Mr. Duterte’s request for interim release was submitted on 12 June 2025, the defense had been, for some time, seeking to obtain [REDACTED]… The defense’s attempts to obtain [REDACTED] over two months have, for the most part, been slow-walked and stymied,” the filing read.
Kaufman previously filed an urgent request for Duterte’s release to an undisclosed country, which, according to the document, has already agreed to take in the former Philippine leader should the ICC grant the request. The name of the country remains redacted in the public version of the filing.
Duterte’s legal team argued that the former president does not meet any of the criteria under Article 58(1)(b) of the Rome Statute that would warrant continued pretrial detention.
“Mr. Duterte does not pose an objective risk of flight, nor is his arrest necessary to ensure the integrity of the investigations or to preclude the continued commission of crimes,” Kaufman stated.
“He must, as a result, be immediately released from ICC custody.” Duterte is facing charges of crimes against humanity in connection with thousands of alleged extrajudicial killings during the Philippine government’s war on drugs, both during his presidency and his earlier tenure as mayor of Davao City.
The ICC investigation is focused on examining state policies that allegedly enabled widespread killings without due process.
As of now, Duterte remains in ICC custody pending trial. The court has not provided a timeline for when a final decision on his interim release request will be made.
