For the past six months, the world has watched as former Philippine President Rodrigo Duterte, once a formidable and polarizing figure, remains detained in The Hague under the custody of the International Criminal Court (ICC). Arrested in Manila on March 11, 2025, with the assistance of Interpol and Philippine authorities, Duterte now faces charges of crimes against humanity for the extrajudicial killings that marked his controversial war on drugs from 2016 to 2022. His arrest and transfer to the ICC have triggered a political storm in the Philippines, raising questions about justice, accountability, and the health and legal fate of the 80-year-old former leader.
The drama began when Duterte, after his arrest, was swiftly flown to Dubai and then to The Hague. According to Philnews.ph, he celebrated his 80th birthday inside the ICC detention facility in June 2025. It was also in June that his legal team, led by chief counsel Nicholas Kaufman, requested Duterte’s interim release to an undisclosed country, citing his advanced age and “compelling humanitarian grounds.” Kaufman argued in the court filing that Duterte posed no flight risk, was committed to returning for his trial, and—crucially—no longer wielded the power he once held as president. "Mr Duterte is no longer the President of the Philippines, and does not command the same influence or power he is said to have abused during the period of the alleged crimes," the request stated, as reported by Inquirer.net.
Yet, the ICC was not immediately convinced. On September 12, 2025, the ICC prosecutor formally opposed Duterte’s renewed request for interim release, according to ABS-CBN. The prosecutor’s opposition added another layer of uncertainty to an already complex case, as the court weighed Duterte’s legal rights, humanitarian concerns, and the gravity of the charges against him.
Central to the legal back-and-forth is the question of Duterte’s mental fitness to stand trial. In a 13-page application dated August 18, 2025, but only made public in September, Kaufman requested the indefinite adjournment of all ICC proceedings against Duterte, citing significant cognitive impairments. The filing, quoted by Inquirer.net, declared: “Mr. Duterte is not fit to stand trial as a result of cognitive impairment in multiple domains. Mr. Duterte’s condition will not improve and, for this reason, the Pre-Trial Chamber must adjourn all legal proceedings in his case indefinitely.”
Kaufman’s arguments were detailed and stark. He claimed that Duterte’s memory, executive functioning, visuo-constructive abilities, and orientation to place and time were all severely compromised, leaving the former president unable to process the reasons for his detention or understand the nature and implications of the legal proceedings. As Philnews.ph reported, Kaufman added, "With his impaired memory and concomitant inability to retain new information or to recall events, places, timing or even members of his close family and defense team, Mr Duterte is unable to fully understand the nature and implications of the proceedings conducted against him." The lawyer further warned that Duterte’s condition was expected to remain static or even deteriorate further, making meaningful participation in his defense impossible.
In response to Kaufman’s filing, the ICC’s Pre-Trial Chamber I postponed the confirmation of charges hearing—originally scheduled for September 23, 2025—indefinitely. According to a statement from the court, cited by Inquirer.net, "the majority of the Chamber considered that a limited postponement of the hearing on the confirmation of charges was warranted to allow sufficient time to adjudicate the request and related matters." The court has yet to set a new date, pending further review of Duterte’s health and legal status.
Meanwhile, Duterte’s family made a rare public appearance at the ICC detention facility. All four of his children, including Vice President Sara Duterte, visited him recently at his request. The Duterte camp later stated that the ICC reminded them of strict rules prohibiting the sharing of information about their visit, a reminder of the secrecy and sensitivity surrounding the high-profile case.
The fallout from Duterte’s arrest and detention has reverberated through Philippine politics. Some critics accused current President Ferdinand "Bongbong" Marcos Jr. of betrayal for allowing Duterte’s arrest and extradition. Malacañang, however, defended its actions, insisting that the government was simply fulfilling its obligations to Interpol and the ICC, according to Philnews.ph.
In a related development, the Office of the Ombudsman dismissed complaints against Justice Secretary Jesus Crispin "Boying" Remulla in connection with Duterte’s arrest. Senator Imee Marcos, who had recommended the charges and submitted a detailed chairman’s report in May 2025 alleging possible criminal and administrative offenses by high-ranking officials, confirmed the dismissal but quickly filed a motion for reconsideration on September 12. As GMA News reported, Remulla, a candidate for the position of Ombudsman himself, indicated he would also seek a swift resolution to the matter. Marcos, meanwhile, insisted her motion was timely and criticized any premature clearance for Remulla as "simply untruthful."
At the heart of the ICC’s case is Duterte’s war on drugs, a campaign that began in 2016 and was modeled on his earlier tough-on-crime policies as mayor of Davao City. Human rights groups estimate that between a few thousand and as many as 30,000 people were killed during the anti-narcotics campaign, most of them young men in urban areas, but also including children and bystanders caught in the crossfire. The scale of the violence and the lack of due process drew international condemnation and ultimately led to the ICC’s investigation and subsequent warrant for Duterte’s arrest.
Despite the gravity of the charges, Duterte’s legal team maintains that his declining health makes a fair trial impossible. Yet, skepticism remains. As Inquirer.net noted, the true state of Duterte’s health is unclear, and his defense team has strong incentives to emphasize his debility. Still, given his advanced age, recent history of erratic and aggressive public statements, and the notoriously slow pace of ICC proceedings, many observers believe it is increasingly possible that Duterte may never stand trial.
As the legal, political, and humanitarian complexities continue to unfold, the fate of Rodrigo Duterte remains uncertain. The world, and particularly the Filipino people, are left to grapple with questions of justice, accountability, and the limits of international law when confronted by age, illness, and the enduring legacies of power.
