Philippines’ former leader Duterte seeks interim release from ICC

Former Philippine president Rodrigo Duterte is seen on a screen in the courtroom during his first appearance before the International Criminal Court on charge of crimes against humanity over his deadly crackdown on narcotics on March 14, 2025. (AFP)
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Updated 13 June 2025
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Philippines’ former leader Duterte seeks interim release from ICC

  • Duterte stands accused of crimes against humanity over his years-long campaign against drug users and dealers
  • International Criminal Court prosecutors have agreed not to oppose the request, according to the filing

MANILA: Former Philippine president Rodrigo Duterte’s defense team at the International Criminal Court has filed a motion for his interim release to an unnamed country, stating the prosecution would not object.

The 80-year-old stands accused of crimes against humanity over his years-long campaign against drug users and dealers that rights groups say killed thousands.

In a filing posted to the court’s website late Thursday, defense lawyers said the involved country – the name of which was redacted – had expressed its “principled agreement to receive Mr. Duterte onto its territory.”

ICC prosecutors have agreed not to oppose the request, according to the filing, which said discussions about an interim release had been under way since Duterte’s first court appearance at The Hague on March 14.

“The Prosecution has confirmed its non-opposition to interim release to (REDACTED) (REDACTED) State Party” as long as certain conditions were met, the filing reads.

An annex spelling out the conditions for Duterte’s release was not publicly available, but the defense team’s filing noted that the octogenarian posed no flight risk and cited humanitarian concerns around his age.

Lawyers representing relatives of those killed in Duterte’s drug war condemned the application for release, citing threats made against victims’ families, and saying they had legal avenues to oppose it.

“There is still a procedure within the ICC that requires the prosecution to comment and the ICC Pre Trial Chamber (PTC) to decide on the application for provisional release,” lawyer Neri Colmenares said in a statement.

In an interview with local radio, lawyer Kristina Conti said she believed it was “50-50” the former president would be released.

“I hope the (drug war) victims can weigh in but that would be difficult if (the release is based on) humanitarian grounds, and he is reportedly sick,” she said.

Duterte was arrested in Manila on March 11, flown to the Netherlands that same night and has been held at the ICC’s detention unit at Scheveningen Prison since.

ICC deputy prosecutor Mame Mandiaye Niang is currently overseeing the case against Duterte after Karim Khan stepped aside during an investigation into alleged sexual misconduct.

Requests for comment sent to the ICC prosecutor’s office were not immediately returned.


Tug of war: how US presidents battle Congress for military powers

Updated 5 sec ago
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Tug of war: how US presidents battle Congress for military powers

  • The last official declaration of war by Congress was as far back as World War II

WASHINGTON, United States: Donald Trump’s unleashing of operation “Epic Fury” against Iran has once more underscored the long and bitter struggle between US presidents and Congress over who has the power to decide on foreign military action.
In his video address announcing “major combat” with the Islamic republic, Trump didn’t once mention any authorization or consultation with the US House of Representatives or Senate.
In doing so he sidelined not only Democrats, who called for an urgent war powers vote, but also his own Republican party as he asserts his dominance over a largely cowed legislature.
A US official said Secretary of State Marco Rubio had called top congressional leaders known as the “Gang of Eight” to give them a heads up on the Iran attack — adding that one was unreachable.
Rubio also “laid out the situation” and consulted with the same leaders on Tuesday in an hour-long briefing, the US official said.
According to the US Constitution, only Congress can declare war.
But at the same time the founding document of the United States first signed in 1787 says that the president is the “commander in chief” of the military, a definition that US leaders have in recent years taken very broadly.
The last official declaration of war by Congress was as far back as World War II.
There was no such proclamation during the unpopular Vietnam War, and it was then that Congress sought to reassert its powers.
In 1973 it adopted the War Powers Resolution, passed over Richard Nixon’s veto, to become the only lasting limit on unilateral presidential military action abroad.
The act allows the president to carry out a limited military intervention to respond to an urgent situation created by an attack against the United States.
In his video address on Saturday, Trump evoked an “imminent” threat to justify strikes against Iran.

- Sixty days -

Yet under this law, the president must still inform Congress within 48 hours.
It also says that if the president deploys US troops for a military action for more than 60 days, the head of state must then obtain the authorization of Congress for continued action.
That falls short of an official declaration of war.
The US Congress notably authorized the use of force in such a way after the September 11, 2011 attacks on the United States by Al-Qaeda. Presidents have used it over the past two decades for not only the 2001 invasion of Afghanistan but a series of operations in several countries linked to the “War on Terror.”
Trump is far from the first US president to launch military operations without going through Congress.
Democrat Bill Clinton launched US air strikes against Kosovo in 1999 as part of a NATO campaign, despite the lack of a green light from skeptical lawmakers.
Barack Obama did the same for airstrikes in Libya in 2011.
Trump followed their example in his first term in 2018 when he launched airstrikes in Syria along with Britain and France.
But since his return to power the 79-year-old has sought to push presidential power to its limits, and that includes in the military sphere.
Trump has ordered strikes on alleged drug trafficking boats in Latin America without consulting Congress, and in June 2025 struck Iran’s nuclear facilities.
Perhaps the most controversial act was when he ordered the capture of Venezuelan president Nicolas Maduro in a lightning military raid on January 3.
Republicans however managed to knock down moves by Democrats for a rare war powers resolution that would have curbed his authority over Venezuela operations.
Trump has meanwhile sought to extend his powers over the home front. Democrats have slammed the Republican for deploying the National Guard in several US cities in what he calls a crackdown on crime and immigration.