Camille Naredo

Families of extrajudicial killing victims gather at the University of the Philippines Diliman to watch the International Criminal Court pre-trial proceedings in The Hague involving the crimes against humanity case against former President Rodrigo Duterte on February 23, 2026. Maria Tan, ABS-CBN News/File

Families of extrajudicial killing victims gather at the University of the Philippines Diliman to watch the International Criminal Court pre-trial proceedings in The Hague involving the crimes against humanity case against former President Rodrigo Duterte.  Maria Tan, ABS-CBN News

Article (news)

EJK- ICC

Jonathan Magistrado

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px;display:block" width="960"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/177828063928720260223-icc-duterte-victim-families-up-MT10.jpg" style="width:960px" class="fr-fic fr-dib" alt="Families of extrajudicial killing victims gather at the University of the Philippines Diliman to watch the International Criminal Court pre-trial proceedings in The Hague involving the crimes against humanity case against former President Rodrigo Duterte on February 23, 2026. Maria Tan, ABS-CBN News/File" width="960"/><span class="fr-inner" style="text-align:left">Families of extrajudicial killing victims gather at the University of the Philippines Diliman to watch the International Criminal Court pre-trial proceedings in The Hague involving the crimes against humanity case against former President Rodrigo Duterte on February 23, 2026. <em>Maria Tan, ABS-CBN News/File</em></span></span></span></div><p>MANILA -- The International Criminal Court (ICC) is set to decide whether former President Rodrigo Duterte stays in detention as his three-count case of murder as crimes against humanity moves toward a full-blown trial.</p><p>The Office of the Prosecutor and the Common Legal Representatives of Victims (CLRV) submitted formal observations to Trial Chamber III on May 8, 2026, contending that the former Philippine president should be kept in detention because the risk of flight and the risk of witness intimidation had increased since the confirmation of the charges against him.</p><p>Under the Rome Statute, the Court must review a suspect&#x27;s detention every 120 days to determine if &quot;changed circumstances&quot; justify a release. </p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/5/2/what-will-happen-when-icc-trial-chamber-convenes-for-status-conference-in-duterte-case-1554">READ: What will happen when ICC Trial Chamber convenes for status conference in Duterte case?</a></div><div><br/></div><div><br/></div><div><strong>PROSECUTION&#x27;S OBSERVATION</strong></div><p>The Prosecution&#x27;s 9-page submission paints Duterte as an uncooperative detainee who remains a flight risk.</p><p>Prosecutors cited Duterte&#x27;s own claims that he described his March 2025 arrest as a &quot;kidnapping&quot; and that he was &quot;forcibly pushed into a jet and renditioned to The Hague.&quot;</p><p>&quot;These are not the words of a person who would return voluntarily to the Court if granted interim release,&quot; the Prosecution noted.</p><p>The Prosecution also pointed to Duterte&#x27;s extensive political influence as a factor that could facilitate an escape.</p><p>They noted that his daughter, Sara Duterte is the current vice president of the Philippines, and the accused himself was recently re-elected as mayor of Davao City in May 2025.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/5/8/kaufman-jacobs-withdraw-as-lawyers-for-duterte-2358">READ: Kaufman, Jacobs withdraw as lawyers for Duterte</a></div><div><br/></div><div><br/></div><div><strong>VICTIMS&#x27; PLEA</strong></div><p>Victims of the &quot;war on drugs,&quot; represented by the CLRV, expressed profound fears that Duterte&#x27;s release would derail the quest for justice.</p><p>The victims argued that the recent unanimous confirmation of all charges of crimes against humanity on April 23, 2026, provides a stronger incentive for the accused to flee.</p><p>The CLRV noted that families of the victims fear &quot;pressure and intimidation&quot; from Duterte&#x27;s supporters. </p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/3/11/families-of-ejk-victims-human-rights-groups-mark-first-year-of-duterte-s-arrest-with-protest-1752">READ: Families of EJK victims, human rights groups mark first year of Duterte’s arrest with protest</a></div><p>They argued that maintaining detention is strictly necessary to protect the security and well-being of those who have waited over a decade to see the former leader held to account.</p><p>&quot;Victims place their trust in the Court&#x27;s process,&quot; the CLRV stated, arguing that detention is the only way to mitigate risks as the trial draws near.</p><p>The Prosecution also raised concerns over the rhetoric of Duterte&#x27;s defense team and political associates. </p><p>They cited recent public remarks from Vice President Sara Duterte and former chief presidential legal counsel and spokesperson Salvador Panelo, which they claim <a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/3/11/a-year-into-duterte-arrest-sara-still-insists-father-rodrigo-was-kidnapped-1059">continue to undermine the Court&#x27;s legitimacy</a>.</p><p>Furthermore, prosecutors alleged that Duterte&#x27;s lead counsel has <a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2025/5/1/duterte-s-lawyers-challenge-icc-jurisdiction-0045">characterized the ICC as a &quot;partisan political body&quot;</a> in recent interviews, suggesting a continued rejection of the Court&#x27;s authority that tends to favor against his release.</p><p>Duterte has been in the custody of the ICC since March 12, 2025. Trial Chamber III, composed of Presiding Judge Joanna Korner, Judge Keebong Paek, and Judge Nicolas Guillou, will now deliberate on whether to extend his detention or grant a conditional release.</p><p>As the Prosecution continues to disclose additional evidence and statements from new witnesses, they maintain that detention is the only way to ensure the safety of the witnesses and the integrity of the upcoming trial.</p>

<p>The International Criminal Court (ICC) is set to decide whether former President Rodrigo Duterte stays in detention as his three-count case of murder as crimes against humanity moves toward a full-blown trial.</p>

The International Criminal Court (ICC) is set to decide whether former President Rodrigo Duterte stays in detention as his three-count case of murder as crimes against humanity moves toward a full-blown trial.

Prosecution, victims move to keep Duterte in custody ahead of ICC trial

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Prosecution, victims move to keep Duterte in custody ahead of ICC trial

Jonathan Magistrado,

ABS-CBN News

Published May 09, 2026 06:53 AM PHT

Read More:

Rodrigo Duterte

International Criminal Court

ICC

Duterte at ICC

war on drugs

crime against humanity

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