ICC keeps Duterte detained as November 30 trial approaches

ASM, Philippine Canadian Inquirer
September 17, 2026

Photo courtesy: Piroschka van de Wouw/Pool | Reuters

Former President Rodrigo Duterte will remain in the custody of the International Criminal Court in The Hague after judges ruled that the circumstances supporting his detention have not materially changed ahead of his scheduled trial on November 30.

ICC Trial Chamber III unanimously decided to continue Duterte’s detention following its latest review, finding that risks remain that he could fail to appear for trial or obstruct or endanger the proceedings if released.

The judges said the case has advanced since the previous detention review, including the prosecution’s submission of its witness and evidence lists. According to the chamber, disclosure of witness identities and expected testimony increased concerns about possible interference with witnesses, either directly or through other individuals.

The ruling was released on Wednesday, September 16, the same day Duterte personally attended the third status conference in his crimes against humanity case before Trial Chamber III. It marked his first attendance at a status conference and his first public appearance before the ICC in more than 18 months.

Duterte has been in ICC custody since March 12, 2025. His initial appearance before the court on March 14, 2025 was conducted through video link.

The 81-year-old former president is facing trial over alleged killings connected to the Philippines’ anti-drug campaign during periods when he served as Davao City mayor and president. Duterte has denied criminal liability in connection with the allegations.

His defense has separately questioned whether he remains medically fit to stand trial. Trial Chamber III ordered a new medical examination in June, and the defense has since challenged aspects of the court-appointed experts’ reports while seeking further examination of their findings.

The chamber has not yet issued its final determination on Duterte’s fitness to stand trial. Judges said the medical reports and related submissions did not, at this stage, establish a change in circumstances that would justify modifying his detention.

Meanwhile, preparations are continuing for the November 30 opening of the trial.

During Wednesday’s status conference, Presiding Judge Joanna Korner urged prosecutors to consider reducing the number of witnesses and shortening the time required to present their case. Prosecutors have estimated they would need about 193 hours to present their evidence and witnesses.

Korner stressed the chamber’s intention to move the proceedings forward as efficiently as possible. The court has also indicated that hearings are expected to begin on November 30 and continue until the ICC’s Christmas judicial recess, subject to further court orders.

Duterte remains detained at the ICC Detention Centre in Scheveningen, The Hague, while the court prepares for trial and separately considers the pending question of his fitness to participate in the proceedings.