THE HAGUE — The International Criminal Court (ICC) has agreed to suspend its decision on former Philippine President Rodrigo Duterte’s request for interim release, allowing the defense team additional time to complete and submit all required documentation.
In a majority ruling issued by Pre-Trial Chamber I, the court announced on July 23, 2025, that the release decision would be postponed until it is deemed appropriate by the Chamber to proceed. The move follows a request made by Duterte’s legal counsel, Atty. Nicolas Kaufman, who argued on July 14, 2025, that the court should defer any action on the matter until all necessary supporting documents are submitted.
Judge María del Socorro Flores Liera dissented from the majority decision, which was supported by Judges Iulia Antoanella Motoc and Reine Adélaïde Sophie Alapini-Gansou.
Interim Release Proceedings Under the Rome Statute
The court clarified that the interim release proceedings fall under Article 60(2) of the Rome Statute, which allows individuals subject to an arrest warrant to apply for temporary release under certain conditions. The Chamber is required to assess various factors, including the threat the suspect may pose, their cooperation, and the completeness of relevant documentation.
Duterte’s Legal Strategy
The defense initially filed a request in June 2025 for Duterte’s interim release in an undisclosed country. Atty. Kaufman claimed that the former president was not subjected to any specific restrictions under the arrest warrant and does not pose a danger, arguing that these are sufficient grounds to allow temporary release.
The Chamber emphasized that its final decision on the matter will come after all necessary documents are reviewed and once it is satisfied that all procedural requirements have been met. No final ruling date has been set.
