Japan, US File No Motion for Duterte’s Release in ICC Case

Japan and US Have Not Filed Motion for Duterte’s Release from ICC

Contrary to viral claims circulating on social media, neither Japan nor the United States has filed any formal motion seeking the release of former Philippine President Rodrigo Duterte from the International Criminal Court (ICC). The false information has been spreading rapidly online, garnering significant engagement on Facebook.

The misleading claim appeared on a Facebook page impersonating a legitimate news outlet. The page, which has amassed approximately 51,000 followers, published a post suggesting that Japan and the US had taken formal action to secure Duterte’s release. As of reporting, the post had accumulated 1,700 likes, 534 comments, and 234 shares.

Text overlaid on an accompanying image falsely claimed: “Japan-US nagmotion na? Agarang pagpapalaya kay PRRD sinampa na?” (Translation: “Japan and the US have already filed a motion? Has a petition for the immediate release of former President Rodrigo Roa Duterte been submitted?”)

The post further alleged that a Japanese researcher affiliated with the International Career Support Association (ICSA) had raised calls to “Free Duterte now” before the United Nations Human Rights Council (UNHRC). It also claimed that Japan had issued a strong ultimatum and suggested Duterte might be transferred to Tokyo.

Fact-checking reveals no evidence supporting these assertions. There are no official records or reports from the ICC, the Japanese government, or the United States government indicating any such action has been taken.

The misinformation appears to have been inspired by a legitimate speech given by Shunichi Fujiki, a Japanese representative of the ICSA, at the UNHRC on March 11, 2026—the first anniversary of Duterte’s arrest. During this address, Fujiki called for a “humanitarian review” and the interim release of the 81-year-old former president, who remains detained at the ICC’s facility in The Hague, Netherlands.

Fujiki characterized Duterte’s arrest as “political persecution” and criticized the Philippine government for allegedly circumventing due process. He urged the UNHRC to demand a humanitarian review, citing concerns about Duterte’s health and his prolonged pre-trial detention.

However, it’s crucial to note that Fujiki’s statements do not constitute formal diplomatic action by either Japan or the United States. Furthermore, Carlos Conde, a veteran human rights activist and former journalist, has criticized Fujiki’s credentials, identifying him as a Japanese nationalist activist and businessman with a history of denying wartime atrocities, rather than a human rights researcher.

Additionally, there are significant factual flaws in the claim. The ICC operates independently from the United Nations, making appeals to the UNHRC ineffective for ICC cases. Moreover, the United States is not even a member of the ICC, further undermining the claim’s credibility.

Duterte remains in ICC custody, facing charges of crimes against humanity linked to his controversial war on drugs, which allegedly resulted in thousands of deaths between 2011 and 2019. The court’s pre-trial chamber is scheduled to decide on April 22, 2026, whether the case will proceed to a full trial.

Simultaneously, the ICC appeals chamber will rule on Duterte’s jurisdictional challenge. His defense team contends that the Philippines’ withdrawal from the ICC before the court authorized an investigation should prevent the case from proceeding. However, the pre-trial chamber previously rejected this argument, noting that the alleged crimes occurred while the country was still a member of the court.

If Duterte’s case advances to trial, hearings could commence later in 2026, allowing both prosecution and defense adequate time to prepare their cases.