ALL OPTIONS ON THE TABLE: A CALL FOR HUMANITARIAN INTERIM RELEASE OF FORMER PRESIDENT DUTERTE UNDER ICC RULES

By Atty. Arnedo S. Valera

As the legal defense of former Philippine President Rodrigo Roa Duterte progresses at the International Criminal Court (ICC), under the leadership of international human rights attorney Atty. Nicholas Kaufman, public attention has largely centered on the effort to disqualify certain ICC judges and prosecutors for alleged conflicts of interest. That legal maneuver is not only appropriate—it is essential. Fairness and impartiality are cornerstones of any credible judicial proceeding, especially one as consequential as a case before an international tribunal.

But while motions to disqualify remain pending, there is another critical and time-sensitive issue that the defense—and the international legal community—must urgently address: the humanitarian basis for the interim release of PRRD, as allowed under the ICC’s own governing laws and case precedents.

At 80 years old, former President Duterte is no longer the vigorous mayor of Davao City or chief executive of the Republic of the Philippines. He is an elderly man with serious and progressively declining health. He suffers from chronic illnesses that make continued detention not only inhumane but potentially life-threatening. International justice is not retributive. It is principled, balanced, and must always remain humane. The Rome Statute—crafted in the shadow of global atrocities—was never meant to become an instrument of vengeance or political score-settling. It is a charter for fairness.

Under Article 60(2) and (3) of the Rome Statute and Rule 118(1) of the ICC’s Rules of Procedure and Evidence, the Court is empowered—indeed, obligated—to reconsider continued detention when it is no longer justified. Age, deteriorating health, and the absence of flight risk are recognized as sufficient grounds for interim release. This is not merely theoretical. The ICC has applied this principle in Prosecutor v. Laurent Gbagbo, where the former Ivorian president was released under conditions due to medical and humanitarian concerns. Similarly, in Prosecutor v. Jean-Pierre Bemba, the ICC affirmed that pre-trial detention is not punitive in nature and must be continually reviewed in light of evolving personal and legal circumstances.

Atty. Kaufman and the defense team have every legal and moral right—and indeed a duty—to urgently file a motion for interim release on humanitarian grounds. PRRD has never demonstrated a willingness to flee from justice. He is a former head of state who, throughout his career, has faced public scrutiny head-on. He has consistently submitted himself to legal and administrative accountability mechanisms in the Philippines and, up until this ICC intervention, had never been accused of evasion or obstruction. There is simply no basis to suggest that he would defy lawful ICC orders if released.

Moreover, the issue of jurisdiction must be reexamined with greater legal clarity and political sobriety. The Philippines withdrew from the Rome Statute in 2019, a sovereign act that took effect under the rules of the treaty itself. It is therefore highly questionable whether the ICC still retains jurisdiction—particularly when the alleged crimes are not continuing and when domestic legal institutions remain functional.

In international law, consent and state sovereignty are fundamental. The ICC cannot act as a supranational body imposing its authority on non-member states without breaching the very foundations of international legal order. The principle of complementarity under Article 17 of the Rome Statute demands deference to national systems when those systems are willing and able to prosecute crimes. In this case, the Philippine judiciary has neither been shown to be unwilling nor incapable. To ignore this is to turn the ICC into a political instrument masquerading as a court of law.

Furthermore, there are growing concerns globally about the credibility and accountability of the ICC itself. From unequal focus on non-Western states to unresolved allegations of prosecutorial overreach and judicial bias, the ICC faces a legitimacy crisis. Its inability to address these internal structural issues—while continuing to assert jurisdiction over leaders from countries that have chosen to disengage—undermines the very ideal of equal justice under international law.

This is no longer merely a legal question. It is a moral and political test of whether international justice can coexist with international respect for sovereignty, human dignity, and the rule of law.

Atty. Kaufman is correct to challenge the impartiality of certain ICC officials. But he must go further. He must simultaneously demand humanitarian interim release on the basis of law, precedent, and decency. All legal remedies must be pursued—not just for the defense of one man, but for the defense of due process and dignity in international criminal justice.

To detain a man in fragile health, who has not been convicted of any crime, in a case where jurisdiction is unsettled and political motivations cannot be entirely ruled out, is to betray the very spirit of the Rome Statute.

Let this not be a trial of political history, but a test of international conscience.

To the ICC, we say: grant humanitarian interim release—not as an act of mercy, but as an affirmation of legal principle and human compassion. Show the world that even in international criminal law, justice does not need to be blind to suffering.#

Atty. Arnedo S. Valera is the executive director of the Global Migrant Heritage Foundation and managing attorney at Valera & Associates, a US immigration and anti-discrimination law firm for over 32 years. He holds a master’s degree in International Affairs and International Law and Human Rights from Columbia University and was trained at the International Institute of Human Rights in Strasbourg, France. He obtained his Bachelor of Laws from Ateneo de Manila University.  He is an AB-Philosophy Major at the University  of Santo Tomas ( UST). He is a professor at San Beda Graduate School of Law (LLM Program), teaching International Security and Alliances