Duterte Appears Before ICC, Stays In Detention

Former president Rodrigo Duterte will remain in detention in The Hague after trial judges of the International Criminal Court (ICC) found “no notable change” in circumstances that would warrant his release.

The decision on Duterte’s second review detention was released by the ICC Trial Chamber III hours after he appeared for the first time in person before the international tribunal on Wednesday, Sept. 16.

“The chamber finds that the prospect of the accused facing a trial, and (in the event of a conviction), a lengthy prison sentence, has increased. There is therefore, a likelihood of the accused absconding and/or obstructing or endangering the investigation or the court proceedings,” the five-page decision stated.

“In respect of the latter considerations, owing to the prosecution’s submission of the witness and evidence lists, (thereby disclosing the identities of the witnesses and the contents of their expected testimony), this increases his ability to interfere with witnesses, either directly or through his family or supporters in the Philippines,” it added.

Although the decision on Duterte’s fitness to stand trial is still pending, the judges also ruled that the expert panel’s reports “do not contain any new information that warrants a modification of the detention.”

Duterte, 81, appeared subdued as he sat in the last row of the defense section during the third status conference on the crimes against humanity case filed against him before the tribunal.

Sporting a different hairstyle and dressed in a black suit and white shirt, the former president mainly listened as the parties discussed details of his upcoming trial, currently scheduled to begin on Nov. 30.

ICC Trial Chamber III Presiding Judge Joanna Korner did not directly address Duterte, but his presence was noted at the start of proceedings.

Duterte has been detained at the ICC in The Hague since his arrest. He was last seen by the public during his initial appearance hearing on March 14, 2025.

His defense team previously argued that he is no longer fit to stand trial, citing his supposed deteriorating medical condition.

But in a statement, the Duterte Panagutin Network said his appearance at the ICC is proof that the trial can proceed.

“Duterte has now appeared in court and looks well, exposing the myth that his camp has continuously pushed of a sickly old man that was supposedly ‘unfit to stand trial,’” said Fiona Magallanes, convenor of Panagutin Netherlands, a part of the network pushing for accountability over drug war killings.

“Duterte’s appearance in court today proves that he has been feigning sick all this time. It was a delaying tactic, delaying justice and delaying healing for the victims’ families. We sincerely hope to see him again on the first day of the trial on Nov. 30, and for him to finally face the victims of his crimes,” she added.

Korner said Trial Chamber III will soon make a ruling on Duterte’s fitness to stand trial, based on the reports of medical experts tapped to conduct an independent assessment of his condition.

Trim down witnesses

The status conference focused on details of the prosecution’s case, including its list of witnesses and evidence.

The judge urged the prosecution to trim down the list of witnesses it intends to present, stressing the need to conclude the case as soon as possible.

Defense lawyer Peter Haynes also raised the issue of disclosure, describing the situation as a “mess” due to the bulk of documents provided by the prosecution.

Korner directed the parties to submit their positions in writing, saying the matters will be resolved either in writing or during the next status conference.