MANILA — There is a small possibility that the Pre-Trial Chamber of the International Criminal Court (ICC) will allow former Philippine President Rodrigo Duterte to go back to the Philippines should his camp apply for interim release.

According to Assistant Professor Michael Tiu Jr., of the University of the Philippines (UP) College of Law, it is less probable that Duterte will be allowed to go home, considering how contentious his transfer to the Netherlands was.

“It is within the realm of possibility. I would say that it’s less probable, given what we saw on how contentious the transfer was,” he said.

“Contentious in the sense na siyempre may mga nagreklamo, at may mga magdudulog ng mga argumento about the manner in which he was transferred,” Tiu added.

For Tiu, the Pre-Trial Chamber would most likely consider whether Duterte will be able to go back to the Netherlands should he be given interim release.

“The Pre-Trial Chamber will certainly think about whether makakabalik ba siya sa Netherlands kung papayagan siyang pauwiin,” he said.

“Kung papakawalan siya at papauwiin siya sa Pilipinas, likely ba na babalik pa at matutuloy pa ‘yung proceedings kasi hindi naman pwedeng matuloy kung wala siya doon,” Tiu added.

Tiu also said it might not be a big deal that the Philippines is not a state party to the Rome Statute.

“Factor siya in the sense na hindi mo maoobliga ‘yung Pilipinas to follow whatever provision or order of the court, pero in this particular instance na kita natin willingly nagcooperate ‘yung ating government authorities sa pagtransfer sa kanya, that might be less of a problem,” he said.

“Of course it’s going to create another problem kung pauwiin sa Pilipinas at may resistance to come back, but in terms of how it played out during the transfer, that might be less of a factor na hindi tayo member kasi parang pwede ka namang voluntarily magcomply,” Tiu added.

The former President is currently detained at the Scheveningen detention center. His camp has previously said that he may seek hospital arrest due to his health condition and requirements.

The ICC announced that Duterte is set to make his first appearance before the chamber Thursday, 9 p.m. Manila time.

The Duterte camp earlier said it might seek postponement of his appearance before the ICC, which Tiu said might make little sense since Duterte is already there.

“Ayon sa Rome Statute din, ito na ‘yung pagkakataon, ‘yung initial appearance, na hingin ‘yung interim release kasi presumably, ‘yun ang unang una mong gustong mangyari, na alisin ‘yung tao na nakadetain doon sa detention facility, at I suppose, maging mas kumportable elsewhere, sa lugar na pipiliin ninyo,” Tiu said.

“Tingin ko ‘yun ‘yung logical choice, kasi kung ang question ay pagsa-strategize sa case, that can always happen and that’s a continuing thing,” he added.

Duterte was taken into custody by Philippine authorities in compliance with an ICC arrest warrant issued under seal on March 7, 2025. He was subsequently handed over to ICC custody on March 12. 

The charges against him involve murder as a crime against humanity, allegedly committed in the Philippines between November 1, 2011, and March 16, 2019. 

During this time, he held roles as President of the Philippines, Mayor of Davao City, and was reportedly the leader of the Davao Death Squad. - with a report from Agence France-Presse

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