Former President Rodrigo Duterte will remain detained by the International Criminal Court (ICC) after its Trial Chamber III found that the risks of him fleeing or interfering with the proceedings have increased as his trial draws closer.
In its decision issued Wednesday, September 16, the chamber said recent developments had increased the likelihood of Duterte proceeding to trial and potentially facing a lengthy prison sentence if convicted.
The judges said these developments also raised concerns that Duterte could abscond, obstruct the investigation or otherwise interfere with the court proceedings.
The chamber particularly pointed to the prosecution’s disclosure of its witness and evidence lists.
According to the judges, revealing the identities of witnesses and details of their expected testimony could give Duterte greater opportunity to influence or interfere with witnesses, either personally or through his family or supporters in the Philippines.
“There is, therefore, a likelihood of the Accused absconding and/or obstructing or endangering the investigation or the court proceedings,” the judges said.
“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 the Accused’s ability to interfere with witnesses, either directly or through his family or supporters in the Philippines,” it added.
The chamber also considered other developments, including the scheduling of Duterte’s trial for November 30, the submission of reports by three court-appointed medical experts regarding his fitness to stand trial, and the prosecution’s disclosure of the testimonial and non-testimonial evidence it plans to present.
The prosecution has likewise submitted its witness and evidence lists and trial brief in preparation for the proceedings.
Duterte’s defense had indicated that it could seek a review of his detention arrangements after the chamber determines whether he is fit to stand trial, should circumstances justify such a request.
The judges, however, said the medical experts’ reports did not contain information that would warrant changing Duterte’s detention status. They also found that the defense submissions did not establish new facts or a significant change in circumstances.
The ICC had previously reviewed Duterte’s detention on May 22 and ordered that he remain in custody.
For the latest review, the chamber found that the risks covered by Article 58(1)(b)(i) and (ii) of the Rome Statute had increased. These provisions concern the possibility that an accused may fail to appear before the court or obstruct or endanger an investigation or court proceedings.
The judges found no change in circumstances concerning the risk covered by Article 58(1)(b)(iii), which involves the possible continuation of crimes under the court’s jurisdiction.
“Accordingly, the Chamber finds no notable change in circumstances that warrant the release of the Accused, with or without conditions,” the judges said.
Article 58 of the Rome Statute provides the legal framework for arrest warrants and summonses issued by the ICC. In Duterte’s case, the chamber considered whether continued detention remained necessary based on the risks identified under Article 58(1)(b).
The three-member Trial Chamber III, composed of Presiding Judge Joanna Korner, Judge Keebong Paek and Judge Nicolas Guillou, therefore ordered that Duterte “shall continue to be detained.”
The ruling was issued on the same day Duterte made his first in-person appearance before the ICC since his arrest in Manila in March 2025 and subsequent transfer to The Hague.
Duterte faces three counts of crimes against humanity arising from alleged killings connected to his administration’s campaign against illegal drugs. He has repeatedly denied the allegations.