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Former Philippine President Rodrigo Duterte will remain in detention at the International Criminal Court (ICC) after appeals judges on Friday rejected a request to release him on health grounds.
The 79-year-old former leader faces charges of crimes against humanity for his alleged involvement in dozens of killings during his controversial “war on drugs” campaign. The charges span from November 2011, when he was mayor of the southern city of Davao, through March 2019, when the Philippines withdrew from the court.
Judge Luz del Carmen Ibáñez Carranza, addressing the full courtroom in The Hague, stated that Duterte’s defense team failed to demonstrate that the lower chamber’s October decision to keep him detained was unreasonable. Duterte was not present for Friday’s hearing.
Defense attorney Nick Kaufman indicated in a statement that they plan to “reintroduce its request to release” Duterte following the results of a medical examination expected next month. His legal team has argued that the former president is “infirm and debilitated,” making his continued detention during trial proceedings cruel. In September, the court postponed a pretrial hearing until a comprehensive medical assessment could be completed. Defense filings suggest Duterte’s cognitive faculties have declined significantly, impairing his ability to assist his lawyers.
The appeals judges upheld the lower chamber’s October decision, which found that Duterte was likely to refuse to return for trial if released and could potentially intimidate witnesses. The defense had requested his transfer to the custody of another member state during proceedings, but Judge Ibáñez noted that the risk posed by his release “could not be mitigated” by the undisclosed country.
The death toll from Duterte’s anti-drug campaign remains disputed. National police have reported more than 6,000 deaths, while human rights organizations estimate the figure could be as high as 30,000. Families of victims had celebrated Duterte’s arrest in March as a step toward accountability.
ICC prosecutors initially announced in February 2018 that they would open a preliminary investigation into the violence during Duterte’s time in office. A month later, while still serving as president, Duterte announced that the Philippines would withdraw from the court—a move human rights activists characterized as an attempt to evade accountability.
In their October ruling, ICC judges wrote that countries cannot abuse their right to withdraw from the Rome Statute, the court’s founding document, “by shielding persons from justice in relation to alleged crimes that are already under consideration.” Duterte’s legal team has also appealed this decision.
The current Philippine government acknowledged Friday’s ruling through presidential Communications Secretary Claire Castro, who issued a statement saying, “The International Criminal Court has already made its decision and the Palace respects it.”
Duterte’s family and political allies have blamed current President Ferdinand Marcos Jr. for what they claim was the ex-president’s illegal arrest and detention by the international court. However, the Duterte family indicated they accepted the decision “with peaceful hearts.”
“We will continue to work with the defense team on the case and will keep supporting former President Rodrigo Duterte with our daily conversations. We thank everyone who prayed with us today,” the family said in a statement.
The case represents a significant test for international justice mechanisms in addressing alleged human rights violations by former heads of state. The ICC’s decision to maintain Duterte’s detention signals the court’s determination to proceed with prosecution despite challenges to its jurisdiction and the defendant’s health concerns.
The trial comes amid ongoing debates about the effectiveness and reach of international courts in holding powerful political figures accountable for alleged crimes committed while in office, particularly in countries that subsequently withdraw from international judicial frameworks.
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11 Comments
While Duterte’s ‘war on drugs’ was highly controversial, the ICC must adhere to the rule of law and ensure a fair trial. Releasing him on health grounds could set a problematic precedent if not properly justified.
It’s understandable that Duterte’s legal team is pushing for his release, but the ICC judges seem to have concluded that the current detention order is reasonable. I’m curious to see how the medical examination next month may influence the court’s stance.
Agreed, the medical evidence will be crucial in determining whether Duterte’s continued detention would be considered inhumane or a violation of his rights. The ICC will need to weigh that carefully.
It’s understandable that Duterte’s legal team is pushing for his release, but the ICC judges seem to have concluded that the current detention order is reasonable. I’m curious to see how the medical examination next month may influence the court’s stance.
While Duterte’s ‘war on drugs’ was highly controversial, the ICC must adhere to the rule of law and ensure a fair trial. Releasing him on health grounds could set a problematic precedent if not properly justified.
That’s a fair point. The ICC will need to make a well-reasoned decision that upholds the integrity of the judicial process, regardless of the political sensitivity of this case.
This case highlights the challenges the ICC faces in adjudicating high-profile, politically-charged cases. Maintaining the court’s impartiality and credibility will be key, regardless of the ultimate outcome for Duterte.
This case highlights the challenges the ICC faces in adjudicating high-profile, politically-charged cases. Maintaining the court’s impartiality and credibility will be key, regardless of the ultimate outcome for Duterte.
This is an interesting development in the Duterte case. The ICC judges seem to be taking a firm stance on keeping him in custody despite his reported health issues. It will be important to see the results of the upcoming medical examination and how that factors into the court’s decision-making.
I agree, the health concerns raised by Duterte’s legal team are worth considering carefully. The ICC will need to balance principles of justice and due process with humanitarian considerations.
While the ‘war on drugs’ was controversial, the ICC must adhere to the rule of law and ensure a fair trial. Duterte’s health concerns are worth considering, but the court will need to weigh that carefully against principles of justice.