Victims call for Rodrigo Duterte's continued ICC detention ahead of trial

With former President Rodrigo Duterte set to face trial on charges of crimes against humanity over his war on drugs, the Common Legal Representatives of the Victims (CLRV) called on the International Criminal Court (ICC) to continue his detention in The Hague, Netherlands.

In its nine-page observations on Duterte's detention submitted to the Trial Chamber III on May 8, 2026, the victims' camp argued that the former president should remain in detention as "the recent confirmation of all charges against Mr Duterte further reinforces the need to ensure his appearance at trial which can only be effectively secured through his continued detention at the seat of the Court."

The CLRV also stressed the former president's "publicly declared rejection of the Court's legitimacy and its jurisdiction over him, his acute flight risk cannot be underestimated."

Moreover, the victims' counsel argued that the chamber should take into account the prejudicial effect of Duterte's potential release on the victims.

"Families of those who were killed during the so-called 'War on Drugs' have waited more than a decade to see Mr Duterte held to account. Releasing him at this stage would undermine Victims' confidence in the judicial process and would send an emboldening signal to his supporters, encouraging pressure and intimidation against Victims exercising their rights under the Statute, as well as those who have not yet come forward due to apprehension and fear," the CLRV said.

Duterte's appeal

Meanwhile, Duterte's defense team called on the chamber to reconsider the former president's detention, citing "his recent episodes of loss of balance" and "collapsed several times while in detention and, on one occasion, was evacuated to hospital."

The defense cited the Rome Statute, Articles 60(3), 61(11), and 64(b)(a) that a Trial Chamber shall review a ruling on an accused's release or detention at least every 120 days.

On April 23, the ICC confirmed the charges of crimes against humanity against Duterte in connection with the killings in his war on drugs when he was mayor of Davao City and when he was president of the Philippines.

Duterte is expected to be present in court during his trial before the ICC because, under Article 63 of the Rome Statute, the accused shall be present during the trial.

The judges have authorized 539 victims to participate in proceedings, and have appointed ICC-listed counsels Joel Butuyan and Gilbert Andres, as well as Paolina Massidda of the Court's Office of Public Counsel for Victims, to act as a single team of common legal representatives for the authorized victims.

On April 29, the defense panel requested permission from the ICC to file an appeal on the Pre-Trial Chamber I's decision confirming the charges against Duterte.

The ICC Prosecution and the drug war victims have made separate submissions to the ICC on May 4 seeking to deny Duterte's request to appeal the ruling.

Meanwhile, British-Israeli lawyer Nicholas Kaufman has requested leave from the ICC to withdraw from the defense team.

He said that during a prison visit on Thursday, Duterte mentioned that he decided to tap the services of another lawyer.

Kaufman also said that his one-year contract to represent Duterte expired on March 31, 2026. — VDV, GMA News