ICC Seeks Host State Input on Interim Release of Former President Duterte

The International Criminal Court's (ICC) Pre-Trial Chamber has formally sought input from the Netherlands and another unnamed country on the possibility of hosting former Philippine President Rodrigo Duterte as part of his interim release application.

According to a five-page order dated June 18, but made publicly available only on September 23, the chamber requested observations not only about transit through Dutch territory but also about accommodating Duterte in the Netherlands for either a partial or the entire duration of his interim release, contingent on the chamber’s decision. This request was made "without prejudice to Mr. Duterte’s principal request which is interim release to [REDACTED]."

Presiding Judge Iulia Antoanella Motoc emphasized that this procedural step should not be interpreted as any indication of the chamber’s stance on the interim release request. As stated in the document, "neither this order nor any observations received shall be construed as prejudging any matter to be determined in the context of that decision."

To date, there has been no public information about the responses from either the Netherlands or the other state, which reportedly agreed in principle to host Duterte if his interim release is granted.

The Pre-Trial Chamber highlighted that both countries must provide details on their willingness and capability to receive Duterte, enforce any judicially imposed liberty restrictions, and potentially enable his travel between the interim release location and the Netherlands for court hearings. The chamber also seeks to confirm the Netherlands’ willingness to allow Duterte to reside temporarily within its borders during the ongoing proceedings.

Meanwhile, Duterte’s defense team has two motions pending before the court: a challenge to the ICC’s jurisdiction and the request for interim release. A scheduled pre-trial hearing on the confirmation of charges set for September 23 was postponed indefinitely after Duterte’s legal camp claimed he was medically unfit to participate in the proceedings.