Former Philippine President Rodrigo Duterte will remain in the custody of the International Criminal Court (ICC) after judges found that the risks of him absconding or interfering with proceedings have increased as his trial approaches, Manila Bulletin reports.


In a decision issued on September 16, ICC Trial Chamber III said developments in Duterte’s case had increased the prospect of him facing trial and, if convicted, a lengthy prison sentence. The chamber said this had heightened the likelihood that he could flee, obstruct the investigation or endanger court proceedings.


The judges also cited the prosecution’s disclosure of its witness and evidence lists. According to the chamber, revealing the identities of witnesses and the contents of their expected testimony could increase Duterte’s ability to interfere with them, either directly or through his family or supporters in the Philippines.


“There is, therefore, a likelihood of the Accused absconding and/or obstructing or endangering the investigation or the court proceedings,” the judges said.


“In respect of the latter considerations, owing to the Prosecution’s submission of the Witness and Evidence Lists, (thereby disclosing the identities of the witnesses and the contents of their expected testimony), this increases the Accused’s ability to interfere with witnesses, either directly or through his family or supporters in the Philippines,” it added.


The chamber said it had considered recent developments, including the scheduling of Duterte’s trial for November 30, reports submitted by three court-appointed medical experts on his fitness to stand trial, and the prosecution’s disclosure of the testimonial and non-testimonial evidence it intends to present.


Duterte’s defence said it expected to seek a review of his detention regime once the chamber determined his fitness to stand trial, if circumstances warranted such a request. However, the judges said the medical experts’ reports contained no information justifying a change in his detention, while the defence submissions presented no new facts or changed circumstances.


The ICC had previously reviewed Duterte’s detention on May 22 and ordered that he remain in custody. In its latest review, the chamber found that the risks under Article 58(1)(b)(i) and (ii) of the Rome Statute had increased, while finding no change regarding the risk covered by Article 58(1)(b)(iii).


“Accordingly, the Chamber finds no notable change in circumstances that warrant the release of the Accused, with or without conditions,” the judges said.


The three-member chamber, comprising Presiding Judge Joanna Korner, Judge Keebong Paek and Judge Nicolas Guillou, therefore ordered that Duterte “shall continue to be detained.”


The decision came on the same day Duterte made his first in-person appearance before the ICC since his arrest in Manila in March 2025 and subsequent transfer to The Hague. He faces three counts of crimes against humanity linked to alleged killings during his administration’s campaign against illegal drugs, allegations he has repeatedly denied.


By Vafa Guliyeva