Rodrigo Duterte to remain detained — ICC trial chamber

THE HAGUE – The International Criminal Court (ICC) Trial Chamber III has unanimously decided to keep former President Rodrigo Duterte detained.

In a decision released shortly after the conclusion of the third status conference, the Chamber found a likelihood of Duterte “absconding and/or obstructing or endangering the investigation or the court proceedings.”

“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,” the decision read.

The Chamber noted it has yet to decide on the issue of Duterte’s fitness, as the defense’s requested “greater medical certainty” while challenging the expert panel’s report.

However, the Chamber said the observations of Duterte’s lawyers “do not provide any information that constitutes new facts or a change in circumstances” which would warrant a modification of his detention.

The ICC Office of the Prosecutor is asking the Trial Chamber III to order the continued detention of Duterte, noting that it is “necessary” so he would not “interfere with witnesses.”

Acting Prosecutor Mame Mandiaye Niang said “there has been no change” in Duterte’s circumstances that would prompt the Trial Chamber III to revise its previous order on the former president’s detention.

“To the contrary,” Niang noted in an observation filed on September 14, “there have been changes in circumstances that have increased the risk Mr. Duterte presents under articles 58(1)(b)(i) and (ii) of the Statute.”

Niang was referring to the Rome Statute’s article on issuing a warrant of arrest, ensuring the appearance at a trial of a person facing charges, and that such person “does not obstruct or endanger the investigation or the court proceedings.”

Meanwhile, Duterte attended, for the first time this Wednesday, September 16, 2026, the ICC's status conference in his crimes against humanity case.

According to GMA stringer Andy Peñafuerte III, the former official was already seated when the judges arrived.

Unlike the previous two hearings, Duterte did not waive his appearance.

“This is the first time that Mr. Duterte has been in this court. As far as the trial chamber is concerned, if he wishes to leave for any reason, he may do so,” Presiding Judge Joanna Korner said.

Duterte’s trial is scheduled to begin on November 30.

He is facing crimes against humanity charges over alleged killings during his time as President and Davao City mayor.

Duterte’s trial is scheduled to begin on November 30.

He is facing crimes against humanity charges over alleged killings during his time as President and Davao City mayor.

Duterte was arrested in March 2025 at the Ninoy Aquino International Airport Terminal 3 and is currently detained at the ICC Detention Centre in Scheveningen in The Hague, The Netherlands. — BAP, GMA News