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. Duterte (80 years old) has formally requested interim 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 and 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.
At 80, Duterte has legitimate medical and age-related concerns; he reportedly showed fatigue during his initial ICC appearance. Legally speaking, these are valid grounds under the Rome Statute and a legitimate humanitarian concern. The ICC legal framework allows for case-by-case humanitarian release.
Conclusion
Moreover, if in any case, Duterte remains detained in the ICC while Western actors accused of international crimes like “genocide or crimes against humanity,” like Netanyahu of Israel, walk free, this reinforces the perceptions of the ICC’s “selective justice or “neo-colonial lawfare” of which the ICC is often accuse of disproportionately targeting non-Western leaders. This will further erode trust in the ICC among non-Western states, possibly fueling withdrawals from the Rome Statute.
However, granting provisional release based on Duterte’s age and health considerations would signal that the ICC is not a punitive institution, but one that respects the dignity and well-being of the accused, even in the context of serious allegations. This reinforces the idea that international law is morally consistent, applying the same human rights principles even to the accused. It sets a humanitarian tone, affirming that justice does not equate to vengeance, and that rights of the accused are also protected under the Rome Statute.
More importantly, Duterte’s provisional release could help disarm criticisms that the ICC is solely a political instrument or a Western tool for punishment, showing instead a measure of judicial restraint and ethical balance. It could strengthen the ICC’s credibility as a balanced, rights-respecting institution that values human dignity and life even under the weight of criminal charges.
Source: The Lobbyist
https://www.thelobbyist.biz/perspectives/article-details/prime%20insight/dutertes-detention-and-the-iccs-moral-crossroads
