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ICC orders update on Duterte detention at Scheveningen prison

Trial Chamber III :The Chamber observes that, pursuant to the statutory framework, the Accused’s pre-trial detention shall be reviewed at least every 120 days. In light of the developments following the annual hearing, the Chamber considers it necessary to give the parties and participants the opportunity to submit any observations they may have regarding the Accused’s continued detention or release, with or without conditions, including the existence of any changed circumstances.

By Ellen Tordesillas

May 2, 2026

2-minute read

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The newly-formed Trial Chamber III of the International Criminal Court ordered on May 1 parties concerned in the trial of former president Rodrigo Duterte to submit observations on his situation at the Scheveningen prison in The Hague, Netherlands as required  by the Court’s rules and regulations.

“The Chamber observes that, pursuant to the statutory framework, the Accused’s pre-trial detention shall be reviewed at least every 120 days. In light of the developments following the annual hearing, the Chamber considers it necessary to give the parties and participants the opportunity to submit any observations they may have regarding the Accused’s continued detention or release, with or without conditions, including the existence of any changed circumstances,” the order, signed by Presiding Judge Joanna Korner and the two other members of the chamber,  Keebong Paek and  Nicolas Guillou, stated.

Duterte, facing charges of crimes against humanity in connection with his war on drugs campaign  between 1 November 2011 and 16 March 2019 has been in detention  since March 12, 2025.

He was arrested in the Philippines on March 11, 2025 on the strength of a March 7, 2025 warrant issued by the ICC and surrendered to the Court upon arrival in The Hague. Duterte’s only appearance while in detention  took place on 14 March 2025 via video link. He has waived his right to appear in subsequent court proceedings.

Despite claims by Duterte’s counsel Nicholas Kaufman that his 81-year old client is “enfeebled”,  the  Pre-Trial Chamber I reviewed his health and detention situation and found him fit to stand the confirmation proceedings that took place on Feb. 23 to 27.  The findings were affirmed by the mandatory annual review which took place on Feb. 27.

Preparation for Duterte’s trial has started after the Pre-Trial Chamber I unanimously confirmed all the charges comprised of three counts of crimes against humanity.

Trial Chamber III has called for a First Status Conference among parties concerned on May 27 to decide, among other matters, the date of the trial; estimated number of witnesses to be called and number of hours of in-court testimony; use of expert witnesses; testimony given by audio or video link; estimated volume of documentary and other non-testimonial evidence to be relied upon at trial.

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