A pre-trial chamber of the International Criminal Court (ICC) on Friday ordered that former Philippines president Rodrigo Duterte remain in custody in The Hague. The judges found that “there is a real and substantial risk” that Duterte could “abscond or obstruct justice.”

In making their decision, the chamber summarized the Pre-Trial Chamber I Decision on the Interim Release, which is when the court initially determined that Duterte would be held in custody pending his trial. At that time, the judges found that Duterte “posed a flight risk” due to his rejection of the proceedings; the willingness of his close family to help him evade arrest; his international connections and resources; the severity of the charges; and the potential lengthy sentence he would receive if convicted.

The judges also noted that in the time since the previous review of his detention, the charges against him were confirmed, sending the case towards the formal trial stage. Following “consistent and longstanding jurisprudence,” meaning prior decisions of the ICC, the judges stressed that the confirmation of charges “increases the risk that an accused may abscond and is therefore not a change in circumstances that militates in favour of conditional release, but rather one supporting continued detention.”

Duterte’s lawyers argued that there was a significant change in circumstances in relation to his health, referring to “frequent episodes of falls occasioned by a loss of balance” as well as struggles with his memory. However, the judges stressed that his health condition was examined by three medical experts, whose reports did not contain information warranting his release. The court also previously rejected these arguments during a hearing about his fitness to stand trial.

While no statements have been released yet, this decision will likely be welcomed by human rights organizations, given prior endorsements of the upcoming trial. For example, Maria Elena Vignolia, senior international justice counsel at Human Rights Watch, made a statement in April emphasizing the importance of the case:

The ICC decision to send Duterte to trial opens the door to long awaited justice for the families of ‘drug war’ victims and is an important acknowledgement of their suffering. Duterte’s trial will send a powerful message to those responsible for grave crimes in the Philippines and elsewhere that no one is above the law, and that justice will eventually catch up with them.

Duterte was arrested in March 2025 for alleged crimes against humanity, including high rates of arbitrary executions. Phillipine Senator Ronald dela Rosa is now wanted on similar charges for his role in helping facilitate the Philippines’ “war on drugs” during his tenure as police chief.

The ICC previously called for submissions regarding Duterte’s detention on May 1, 2026. The hearing was held in compliance with the Rome Statute, which requires that detentions be reviewed at least every 120 days.

The case’s First Status Conference is set for May 27, 2026. It will include deciding the commencement date for the trial, determining agreed facts between the parties, and discussing various protocols.