WATCH and feel free to share, folks.
Today, June 19, 2025, marks the 100th day that Former President Duterte has been illegally detained through state kidnapping at the International Criminal Court (ICC) detention center. In this regard, I am sharing my interview with Russia Today (RT) International last night around 9:00 PM, Manila time, on my perspective concerning the petition for the interim or provisional release of the former president. But to elaborate more, since the interview was not as extensive due to limited time in the World News Program of RT International, let me expand the discussion here.
Former President Duterte (80 years old) has formally requested interim (or provisional) release from ICC detention on humanitarian grounds, primarily citing his advanced age, medical conditions, and assurances he is not a flight risk, with a third country (likely another ICC State Party) ready to host him. His legal team argues he no longer wields significant political influence and poses no flight risk. Thus far, the court has no objections or oppositions in this regard.
Is "Old Age" a Valid Argument? Is there any legal basis for this and its precedents?
Yes, there is a legal basis and precedents under the Rome Statute. Articles 60 and 58 of the Rome Statute allow provisional release if the individual doesn’t pose a flight risk, obstruction risk (e.g., tampering with evidence, threatening witnesses), or re-offense risk. Hence, humanitarian or health reasons can justify provisional release, as long as conditions like supervision and third‑party guarantees can mitigate these risks.
Note that there are humanitarian precedents in this regard. The ICC has previously granted similar provisional releases in cases like Jean‑Pierre Bemba of the Central African Republic and Laurent Gbagbo of Ivory Coast, who the ICC released based on humanitarian grounds. Of course, these precedents don’t guarantee approval; each application is assessed on its unique facts, including risks and safeguards.
In the specific case of Former President Duterte, at 80, Duterte has legitimate medical and age-related concerns; he reportedly showed fatigue during his initial ICC appearance. His defense team contends he won’t flee; a third state has pledged cooperation with monitoring.
Hence, legally speaking, citing old age and health is a valid basis under the Rome Statute, provisional release is permitted when serious humanitarian concerns exist and associated risks are manageable.
Nevertheless, the Pre‑Trial Chamber will weigh medical factors, political influence, risk assessments, and proposed safeguards in deciding whether the humanitarian claim outweighs the need for continued detention. In any case, the former president's defense team assured the ICC that Duterte presents no real danger to witnesses, evidence, or the judicial process, which I think so, too, in the course that the court will grant the interim release.
#BRINGHIMHOME!
#100Days!
#FPRRD
Share this post