Former Philippine President Rodrigo Duterte could remain in detention at the International Criminal Court (ICC) as prosecutors argue that keeping him behind bars is necessary to prevent possible interference with witnesses and to ensure that he appears for trial.
The latest development comes as the ICC Trial Chamber III prepares for another review of Duterte’s detention, with the issue expected to be taken up during a status conference in The Hague on September 16, 2026.
Prosecutors: No reason to release Duterte
In a September 14 filing, ICC Acting Prosecutor Mame Mandiaye Niang urged Trial Chamber III to continue Duterte’s detention.
Niang argued that there has been no development that would justify changing the court’s previous detention order. Instead, prosecutors said circumstances have changed in ways that could increase the risks associated with Duterte’s possible release.
Among the factors cited were the approaching trial date and developments in the prosecution’s case.
The prosecution also said it has added eight incidents to its case since the chamber’s May 22 detention decision. According to the filing, the increase in alleged incidents and victims, together with the possibility of a lengthy prison sentence if Duterte were ultimately convicted, strengthens the argument for continued detention.
Another major concern involves witnesses.
The prosecution said it provided Duterte with its list of witnesses on August 31, including their names and expected testimony. Prosecutors argued that Duterte’s history and his network of associates create a potential risk of interference with witnesses if he were released.
For that reason, Niang maintained that continued detention is necessary to protect the integrity of the proceedings.
Duterte’s defense points to his fitness to stand trial
Duterte’s defense team is taking a different position.
Lead counsel Peter Haynes has argued that the question of detention cannot be separated from the pending determination of Duterte’s fitness to stand trial.
The defense previously raised concerns about Duterte’s health and requested a medical assessment. Both sides have since submitted observations concerning reports from medical experts, but the Trial Chamber has yet to issue its ruling on whether Duterte is fit to stand trial.
The defense has indicated that if Duterte is ultimately found unfit and the proceedings are adjourned, that could constitute a material change in circumstances relevant to his detention.
His lawyers have also said they intend to seek a review of his detention after the chamber rules on his fitness, if the circumstances warrant such a request.
Trial remains scheduled for November
The detention dispute comes as the ICC case moves closer to trial.
The ICC currently lists November 30, 2026, as the scheduled opening of Duterte’s trial. The court says Pre-Trial Chamber I unanimously confirmed all three charges of crimes against humanity against him on April 23, 2026, sending the case to Trial Chamber III.
The ICC says the confirmed allegations concern crimes against humanity of murder and attempted murder allegedly committed in the Philippines between November 1, 2011, and March 16, 2019, in the context of the so-called war on drugs. Duterte remains presumed innocent unless and until he is proven guilty beyond a reasonable doubt.
The court previously ordered Duterte to remain detained. In its May 22 decision, Trial Chamber III found that the circumstances did not justify his release and cited concerns including the possibility that he could abscond or obstruct proceedings.
What happens next?
The September 16 status conference is expected to address several major procedural matters, including the prosecution’s witnesses and evidence, disclosure of evidence to the defense, possible additional incidents, and the timetable for the November trial.
Philstar reported that the conference is scheduled for 10:30 a.m. in The Hague, or 4:30 p.m. Philippine time, and will be livestreamed with a 30-minute delay.
Duterte’s personal appearance remains uncertain. He has previously been allowed to skip ICC pre-trial proceedings, although presiding Judge Joanna Korner had indicated that the court expected him to attend the September proceedings unless a medical issue prevented him from doing so.
Duterte has been held at the ICC Detention Centre in Scheveningen, The Hague, since his transfer to the court on March 12, 2025.
The bigger question
With the trial date now approaching, the detention dispute could become another major turning point in Duterte’s ICC case.
Prosecutors want him kept in custody because they say the risks of flight and interference remain significant. His defense, meanwhile, is pointing to his pending fitness determination as a potentially decisive factor in whether his detention should continue.
For now, there is no ICC ruling releasing Duterte, and the trial remains scheduled to begin on November 30, 2026.
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