THE HAGUE – The International Criminal Court (ICC) has publicly released a redacted order revealing that it sought input from the Host State, the Kingdom of the Netherlands, and another unnamed state regarding former Philippine President Rodrigo Duterte’s request for interim release. The court requested these observations by July 2, 2025, more than two months prior to the public release of the order on September 23.
The order, issued by Pre-Trial Chamber I, details that the ICC invited the states to submit observations on their capacity to temporarily host Duterte, enforce conditions of his release, and facilitate his travel for court proceedings.
Duterte was surrendered to the ICC on March 12, 2025, following an arrest warrant issued on March 7, and his defense team filed an “Urgent Request for Interim Release” on June 12, 2025. The timing of the public release, well after the July 2 deadline for state responses, raises procedural questions and has prompted speculation about the willingness of the invited states to respond and the court’s internal review process.
Presiding Judge Iulia Antonnella Motoc, along with Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera, directed the ICC Registrar to transmit the order and related confidential filings to the relevant authorities of both states.
Legal experts note that the delay in public disclosure does not necessarily impact the legal timeline but may reflect administrative processing or the need to redact sensitive information.
According to a separate filing, Duterte’s defense team had previously sought to engage the Netherlands directly, proposing that the country host Duterte for the duration of his interim release and offering assurances that he would not seek asylum and would cover any costs incurred by the Host State.
The Prosecution has notified the court that it will “strongly oppose” Duterte’s request for interim release, which remains pending before the ICC.
