ICC orders continued detention of former President Duterte

THE HAGUE, The Netherlands — The International Criminal Court's Trial Chamber III issued a ruling on 16 Sept. 2026 directing that former Philippine President Rodrigo Roa Duterte shall remain in detention as his case moves toward trial.

The ruling came following the third status conference in the case of The Prosecutor v. Rodrigo Roa Duterte, where the accused was physically present in the Hague courtroom for the first time since his detention.

Detention order maintained

The decision, delivered by Presiding Judge Joanna Korner, Judge Keebong Paek, and Judge Nicolas Guillou, confirmed that there are no notable changes in circumstances that warrant the release of the accused, either with or without conditions.

In its review, Trial Chamber III highlighted several key procedural developments that have occurred since its initial detention review on 22/05/2026:

• The trial commencement date has been set for 30/11/2026.

• A court-appointed panel of three medical experts submitted joint and individual reports concerning the fitness of the accused to stand trial.

• The Prosecution filed its trial brief, witness list, and evidence list.

• The Prosecution disclosed all testimonial and non-testimonial evidence to the Defence.

The judges observed that as trial preparation advances, the prospect of the accused facing trial and a potential lengthy sentence if convicted has increased, thereby elevating the likelihood of absconding or obstructing court proceedings. Furthermore, the disclosure of witness identities and testimonial contents increases the potential for interference with witnesses, directly or through family and supporters in the Philippines.

While a decision on the accused's legal fitness to stand trial remains pending, the Chamber found that the panel's medical reports contain no information justifying a modification of detention. Defence observations filed on 14/09/2026 likewise provided no new facts or changed circumstances. The Defence indicated it anticipates seeking a review of the detention regime once the Trial Chamber issues its formal ruling on fitness to stand trial.

(Read full decision in pdf. Click here)

First in-person courtroom appearance

The detention ruling coincided with the third status conference in the case, which marked the first time the former president physically appeared inside the ICC courtroom.

Presiding Judge Korner formally noted the presence of the 81-year-old accused at the start of the session. Duterte remained in the courtroom for the duration of the one-hour-and-15-minute hearing, using headphones to follow the proceedings. Members of his family, including his grandchildren, were present in the gallery.

During the conference, the Defence raised concerns over the scale of evidence disclosed by the Prosecution, pointing to the volume of documents and multimedia files submitted to the Registry. The bench advised the Prosecution to consider refining its witness list ahead of the trial, which remains scheduled to open on 30/11/2026.