Former Philippine president Rodrigo Duterte appears at the International Criminal Court during the third status conference in the case of The Prosecutor v. Rodrigo Roa Duterte, September 16, 2026. Handout/ICC via Flickr
THE HAGUE, Netherlands (UPDATED) — The International Criminal Court (ICC) on Wednesday said former Philippine president Rodrigo Duterte "shall continue to be detained," citing an increased risk that he could flee or interfere with witnesses and court proceedings.
In a 5-page decision signed by Trial Chamber III Presiding Judge Joanna Korner, the Chamber also found no significant change in circumstances that would warrant Duterte's release or alter the previous finding that he could commit the same crimes.
The ICC's Trial Chamber III had released its second decision on the review of Duterte's detention after the third status conference on his case, where the former Philippine leader made an in-person appearance.
READ: Rodrigo Duterte makes first in-person appearance at ICC
In its decision, the ICC noted that the Chamber "shall review and modify the initial decision on detention 'if it is satisfied that changed circumstances so require'."
In reviewing the developments after its first decision on the review of Duterte's detention, the Chamber noted that there is "a likelihood of the Accused absconding and/or obstructing or endangering the investigation or the court proceedings."
With the prosecution having submitted its Witness and Evidence Lists, the Chamber also noted that this "increases the Accused's ability to interfere with witnesses, either directly or through his family or supporters in the Philippines."
Duterte's defense team said on Tuesday that the former president is suffering from severe memory loss, sometimes forgetting his lawyer's name.
READ: Former president Duterte suffering from 'significant memory impairment' — defense
But with regards to his fitness, the Chamber said that "the Defense's Observations do not provide any information that constitutes new facts or a change in circumstances."
"The Chamber... finds no notable change in circumstances that warrant the release of the Accused, with or without conditions," they said. "For these reasons, the Chamber hereby decides that the Accused shall continue to be detained."
Duterte faces three counts of crimes against humanity, with prosecutors alleging his involvement in at least 76 murders between 2013 and 2018 during his offensive against drug users and sellers.
His trial is scheduled to start on November 30.
He is the first Asian former head of state to face trial at the ICC, which prosecutes individuals for the world's worst crimes such as war crimes and crimes against humanity.
— Prosecution, victims oppose release —
The decision followed submissions from the parties on the periodic review of Duterte's continued detention.
In separate filings dated September 14, the prosecution and the Common Legal Representatives of Victims (CLRV) of the former Philippine president's war on drugs opposed any modification to Duterte's detention, while the defense argued that the issue of his fitness to stand trial should first be resolved.
In its 5-page submission, the prosecution said continued detention remains necessary because the circumstances that warranted Duterte's detention have not changed.
It also argued that the risk of flight has increased for the 81-year-old former president, particularly with the trial date now set and the prosecution's addition of eight incidents to the charges, which it said increased the prospect of a lengthy prison sentence.
On the risk to witnesses, the prosecution said: "The question of the risks to witnesses 'revolves around the possibility, not the inevitability, of a 'future occurrence'. Mr Duterte's history shows that he is able and has the means, either directly or through his associates, to interfere with [REDACTED]," the filing read.
The prosecution therefore argued that Duterte's "continued detention is necessary to ensure he does not interfere with witnesses."
Meanwhile, the CLRV opposed any modification of Duterte's detention, arguing that the legal grounds for keeping him in custody remain unchanged.
The victims' representatives said the factors previously considered by the ICC—including the alleged risk of flight, the gravity of the charges, and Duterte's continued access to networks of supporters and influence—remain applicable.
They also said many victims and witnesses continue to fear possible retaliation, intimidation or interference if Duterte is released.
The victims' representatives maintained that detention remains necessary to protect the integrity of the proceedings and ensure Duterte's appearance at trial.
— Defense wants fitness issue resolved first —
The defense, led by British barrister Peter Haynes, did not seek Duterte's immediate release.
Instead, it argued that the detention issue cannot be fully assessed until the ICC rules on whether Duterte is fit to stand trial.
The defense said that if Duterte is found unfit and the proceedings are adjourned, this could constitute a material change in circumstances that would affect the basis for his continued detention.
The defense said it intends to revisit the detention issue after the court rules on his fitness to stand trial.
The defense also noted that it had requested a medical examination in May 2026 to determine whether Duterte remains capable of meaningfully participating in the proceedings.
Expert reports have since been completed, and submissions on their findings have been filed. However, the Chamber has yet to issue a ruling on Duterte's fitness to stand trial.
The defense argued that the Expert Panel's findings were inconclusive and disputed. It also sought further examination by a neurologist and asked that the parties be allowed to question the appointed experts, "either orally or in writing, on the findings and conclusions set out in their reports" before the court makes a final determination.
The Trial Chamber said the fitness issue remains pending.
However, it found that the medical reports and the defense's submissions did not provide grounds to modify Duterte's detention.
— with Agence France-Presse
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