THE INTERNATIONAL Criminal Court (ICC) Trial Chamber III has ordered that former President Rodrigo Duterte must remain in custody pending trial, rejecting the defense’s plea for interim release based on his advanced age and declining health.
In a unanimous decision issued Friday, May 22, 2026, the three-judge panel consisting of Presiding Judge Joanna Korner, Judge Keebong Paek, and Judge Nicolas Guillou ruled that there is a “real and substantial risk” that the former chief executive could abscond or obstruct justice if released.
The defense team had petitioned for conditional release, arguing that the 81-year-old former president suffers from cognitive impairments and frequent falls due to a loss of balance, which they claimed would prevent him from interfering with legal proceedings or instructing others to tamper with witnesses.
However, the Chamber dismissed these assertions, citing evaluations by three court-appointed medical experts whose findings did not warrant a modification of his detention.
“The accused could nevertheless abscond or obstruct justice,” the Chamber noted in its decision. “The accused’s physical condition and cognitive capacities referred to by the Defense do not constitute factors which outweigh the risks outlined above.”
The judges also highlighted that the formal confirmation of charges against Duterte on April 23, 2026, has legally heightened his flight risk. Furthermore, the court pointed to Duterte’s explicit refusal to recognize the ICC’s jurisdiction as evidence that he would unlikely comply with court-ordered release conditions, especially given his “access to vast resources and contacts” in the Philippines.
“The Chamber therefore finds no notable change in circumstances that warrants the release of the Accused, with or without conditions,” the ruling concluded.
Duterte remains detained in The Hague ahead of the case’s first status conference scheduled for May 27, 2026.
