The Duterte trial entered a new phase this week after judges at the International Criminal Court (ICC) denied former president Rodrigo Duterte’s request for release from detention. The decision came just as a new national survey showed that most Filipinos believe he should be held accountable for the deadly anti-drug campaign carried out under his administration.
ICC denies release request
In documents made public on October 10, ICC judges said Duterte must remain in custody to guarantee his appearance at trial and protect the integrity of the court’s investigation. His lawyers had sought interim release, claiming the 80-year-old was suffering from cognitive decline and posed no flight risk. The court disagreed, ruling that his medical condition did not lessen the risks tied to his release.
Duterte’s counsel, Nicholas Kaufman, called the detention unlawful and “tantamount to kidnapping.” Judges countered that his arrest and transfer to the ICC’s Scheveningen detention unit in the Netherlands followed proper legal procedures under the Rome Statute.
Background on the Duterte trial
The Duterte trial originates from an ICC probe into alleged crimes against humanity committed during the “war on drugs.” Prosecutors claim Duterte oversaw or encouraged killings of suspected drug offenders between 2016 and 2018, part of a wider campaign that left thousands dead.
The Philippines withdrew from the ICC in 2019, but in 2021 the court affirmed its jurisdiction over acts committed while the country was still a member. After years of legal wrangling, an arrest warrant was issued early in 2025. Duterte was taken into custody in Manila on March 11 and flown to The Hague later that night. His first appearance before the court took place on March 14.
A separate ruling on his fitness to stand trial remains pending, with no schedule announced.
Prosecutor disqualified over conflict of interest
In a development that could reshape the Duterte trial, ICC appeals judges have disqualified Prosecutor Karim Khan from the case due to a possible conflict of interest. Duterte’s defense had argued that Khan’s earlier representation of victims in the Philippine drug war compromised his impartiality. The court agreed, ruling that his previous role might create an appearance of bias and barring him from further involvement.
Khan, who denied any wrongdoing, had already taken leave amid a United Nations inquiry into alleged misconduct. Deputy Prosecutor Mame Mandiaye Niang has now taken over the case. Vice President Sara Duterte said she believed the court made the right call regarding the conflict, but stressed that her father’s legal team must focus on preparing for the prosecution’s evidence rather than on personalities within the ICC.
Filipinos divided, but majority favor accountability
A Social Weather Stations (SWS) survey conducted in late September found that 50 percent of adult Filipinos think Duterte should face accountability for drug war deaths. Thirty-two percent disagreed, while 15 percent were undecided. Support was strongest in the Visayas (54 percent) and Metro Manila (53 percent) and lowest in Mindanao (39 percent), his political base.
Analysts say the results reveal a growing willingness among Filipinos to separate personal loyalty from institutional accountability — a notable change given Duterte’s enduring popularity in past surveys.
Accountability and the road ahead
The convergence of the ICC’s firm stance and shifting public opinion suggests the Duterte trial is not merely a legal proceeding but a broader test of how the Philippines confronts impunity. For the first time, an international court will determine whether a Philippine leader can be held responsible for state-linked killings.
As the proceedings continue, attention will focus on whether the Marcos administration maintains its position of “non-cooperation” with the ICC, and how public opinion may evolve as the trial unfolds in The Hague.
