Former President Rodrigo Duterte will remain in detention after the International Criminal Court (ICC) ruled that the risks of flight and obstruction of justice continue to outweigh arguments for his interim release.
In an eight-page decision issued on May 22, 2026, ICC Trial Chamber III said there had been no significant change in circumstances that would justify Duterte’s release, whether conditional or unconditional.
The chamber stressed that the confirmation of charges against Duterte in April 2026 heightened, rather than reduced, the possibility that he could abscond.
Duterte’s legal team had asked the court to reconsider his detention, citing what they described as declining physical and cognitive health, including memory problems and frequent falls.
However, judges said assessments by court-appointed medical experts did not support altering the detention order.
“Consequently, the Chamber finds that the Accused’s physical condition and cognitive capacities referred to by the Defence do not constitute factors which outweigh the risks outlined above,” the ruling stated.
The ICC also pointed to Duterte’s continued rejection of the court’s jurisdiction, saying this raised doubts about whether he would comply with release conditions if granted interim freedom.
Judges further noted Duterte’s international ties, financial resources, and support network in the Philippines, which they said could potentially help him evade proceedings or interfere with the administration of justice.
The ruling is the latest in a series of decisions denying Duterte’s bid for temporary release. Earlier rulings by both the ICC Pre-Trial Chamber and Appeals Chamber similarly found insufficient safeguards against the risks of flight and obstruction.
Duterte has been under ICC custody since March 2025 after surrendering to the court over allegations of crimes against humanity tied to his administration’s anti-drug campaign.
The case forms part of the ICC’s wider investigation into the situation in the Republic of the Philippines.
