On September 27, 2025, the debate over the fate of former Philippine president Rodrigo Duterte intensified, as his family and legal team clashed with government officials and the International Criminal Court (ICC) over his continued detention in The Hague. The drama, marked by emotional appeals, legal maneuvering, and pointed accusations, has captured the attention of both the Filipino public and international observers, raising questions about justice, accountability, and human rights at the highest levels of power.
Vice President Sara Duterte, the former president’s daughter, issued a strongly worded statement questioning the ICC’s ability to guarantee her father’s security and well-being behind bars. According to DZRH News, she cited a series of troubling incidents, ranging from an untreated ingrown toenail to Duterte being found unconscious on the floor of his cell. "If the ICC is to remain true to its mandate as a court of justice, it cannot turn a blind eye to the health and wellness condition of FPRRD. To deprive an elderly man—abducted, denied his rights under Philippine law, and subjected to surveillance disguised as ‘welfare checks’—of basic dignity and proper care is not justice. This is cruelty," the vice president declared.
Her criticisms were not limited to the court. Vice President Duterte also accused Philippine government agents of conducting so-called "sham" welfare checks, which she described as an intrusion designed to exploit her father’s compromised health. "The Philippine Government’s admission that a so-called ‘welfare check’ was surreptitiously conducted confirms that the ICC has allowed agents of the government that abducted Former President Rodrigo Roa Duterte to intrude upon him and exploit his frail and compromised health. This is ... an abuse of power against a vulnerable individual," she stated, as reported by Philippine Star.
The vice president further alleged that her family was not promptly informed of the incidents affecting her father’s health, including the laboratory tests he underwent after being found unconscious. She criticized the ICC for ignoring repeated requests for a 24-hour caregiver, asserting that the former president’s detention was "unjust and inhumane," amounting to punishment without a conviction. "The continued detention of Former President Duterte under such troubling conditions is not only unjust but inhumane. It amounts to punishment without having been convicted of any crime," she said.
Rodrigo Duterte has been detained at the ICC facility in The Hague since March 11, 2025, following his arrest by the Philippine National Police and Interpol on the basis of ICC charges. The former president, now 80 years old, faces indictments for the murders of 76 people between 2013 and 2018—57 during his presidency and 19 while he was mayor of Davao City. The charges stem from his controversial anti-drug campaign, which, according to ICC filings, is linked to thousands of deaths. The confirmation of charges hearing, initially scheduled for September 23, was indefinitely postponed to further assess Duterte’s fitness to stand trial, after his lawyers argued that he was struggling to recall events and even family members.
Amid these legal proceedings, Duterte’s legal team, led by defense counsel Nicholas Kaufman, filed another request for interim release on September 26, 2025. Kaufman argued that the Marcos administration, which had facilitated Duterte’s extradition, was "without objection" to the former president’s release to a third country. He cited remarks by Palace Press Officer Undersecretary Claire Castro, who had previously commented on Vice President Sara Duterte’s foreign travels, suggesting that another country was willing to accept the ex-president if the ICC granted his release.
However, Malacañang swiftly denied any involvement in Duterte’s bid for interim release. According to DZRH News, Undersecretary Castro accused Kaufman of "twisting of facts," stating, "Again, with emphasis … we want to be clear that the Marcos Jr. administration is not privy and has no hand in the former President Duterte’s ongoing trial before ICC, particularly his request for interim release." Castro further clarified, "No matter what the ICC decides, we will still respect it." She insisted that her earlier remarks had been misrepresented and recalled a previous incident in which Kaufman claimed the ICC prosecutor did not object to Duterte’s release, only for a formal opposition to be filed later.
The ICC has yet to rule on Duterte’s request for temporary liberty, first filed in June 2025. The defense maintains that Duterte is not a flight risk and that his continued detention is unnecessary to ensure the integrity of the investigation or prevent further crimes. Vice President Sara Duterte echoed these arguments, stating, "FPRRD is not a flight risk, has never threatened witnesses or complainants, and has no intent to assume the office of Mayor. There is no other reason for his continued detention except to make him suffer for the complaint of disgraced former Senator." She called on the ICC to act with "humanitarian considerations" in light of her father’s deteriorating health.
As the legal back-and-forth continues, the case has exposed deep divisions within the Philippine political landscape. Supporters of the former president argue that his detention is politically motivated and that the ICC is overstepping its mandate, especially given Duterte’s advanced age and declining health. Critics, on the other hand, view the proceedings as a long-overdue reckoning for alleged abuses committed during his tenure, including the bloody war on drugs that drew international condemnation.
The Marcos administration, for its part, has maintained a cautious distance, repeatedly emphasizing its willingness to abide by the ICC’s decisions while denying any direct involvement in Duterte’s legal defense or release efforts. "The government of President Ferdinand Marcos Jr. will accept whatever the decision of the International Criminal Court," Castro reiterated, reflecting a position that seeks to balance international obligations with domestic political sensitivities.
Meanwhile, questions linger about the fairness and transparency of the ICC process, the adequacy of care provided to detainees, and the broader implications for Philippine sovereignty and international justice. The indefinite postponement of the confirmation of charges hearing, prompted by concerns over Duterte’s ability to stand trial, has only heightened the uncertainty surrounding the case.
In the coming weeks, all eyes will remain on The Hague as the ICC weighs Duterte’s request for interim release and considers the arguments from all sides. For now, the former president remains in detention, his fate hanging in the balance as lawyers, politicians, and family members wage a high-stakes battle over justice, accountability, and human dignity.
