Former Philippine president Rodrigo Duterte appearing for the first time before the ICC judges on March 14, 2025. Image from the International ICC-CPI handout photo/file

The camp of Rodrigo Duterte on Thursday, June 12, formally submitted a request for interim release for the detained former president at the International Criminal Court.

According to the document submitted by Duterte’s defense team headed by Nicholas Kaufman, and posted on the official website of the ICC, the defense team is requesting Duterte’s interim release to an unspecified location.

Kaufman said Duterte is not a flight risk, and his advanced age should also be considered.

The defense team likewise made the following submissions:

1. Duterte will not abscond

2. Duterte will not imperil proceedings if released

3. Duterte will not continue to commit crimes

4. Humanitarian factors militate in favor of interim release

According to his defense team, Duterte’s ability to abscond is insufficient. The team also noted that in its submissions, the Prosecution “has not cited recent and substantial security threats to witnesses”.

Furthermore, the defense team said the crimes imputed on Duterte happened during his presidency, and because he is no longer in the same position, he “does not command the same influence or power he is said to have abused during the period of the alleged crimes”.

The defense team also argued that the ICC has, in practice, granted provisional release for humanitarian reasons. Duterte’s advanced age, among other reasons, should be considered by the Court in making its decision.

Aside from seeking Duterte’s interim release, the defense team is also requesting for a shortened deadline for any responses or observations.

The ICC earlier rejected an application by Duterte to disqualify two judges hearing the jurisdiction issue in his case before the Hague-based tribunal.

In a decision dated June 9, 2025 signed by Judge Tomoko Akane, the court said its plenary of judges recieved an application filed by Duterte requesting that Judge Alapini-Gansou and Judge Flores be disqualified from adjudicating the "Defence Challenge with Respect to Jurisdiction".

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Duterte was arrested on March 11  on his arrival from Hong Kong at the request of the International Criminal Court (ICC) as part of its probe into his "war on drugs" that defined his presidency.

The ICC warrant for Duterte's arrest said that as president, the 80-year-old Duterte allegedly created, funded, and armed death squads that carried out murders of purported drug users and dealers.

He was brought to The Hague in the Netherlands on the same day he was arrested.

Duterte on March 14 appeared via video link before ICC judges. He is set to attend a September 23 hearing to confirm the charges against him.