THE INTERNATIONAL Criminal Court (ICC) judges hold the sole authority to order the release of former President Rodrigo Duterte, spokesperson Fadi El Abdallah said.
The statement came in response to petitions filed before the Philippine Supreme Court questioning the constitutionality of Duterte’s arrest.
“I will not be able to comment on national justice mechanisms. That is for the Philippines to decide, whether certain things can be declared in a particular way or not. For the ICC, the release of a suspect can only be ordered by its judges. Any request for release must be submitted to them, and they will assess the reasons presented before making a decision,” El Abdallah stated in an interview on “The Newsmaker” on NewsWatch Plus on Monday, March 24.
Regarding the possibility of an interim release for Duterte, El Abdallah clarified that specific conditions must be met.
“It must be presented to the judges, who will determine if it is possible. In theory, an arrest is only warranted if necessary to ensure the suspect appears before the chamber, does not interfere with investigations, or does not threaten witnesses,” he explained.
“The chamber must assess whether these conditions can be mitigated through alternative measures. If a state agrees to implement and enforce these conditions, the judges may consider an interim release. However, if the judges find that the conditions are not met, they can deny the defense’s request,” El Abdallah added.
Duterte is currently detained at the ICC detention center, facing charges of crimes against humanity.
Meanwhile, Vice President Sara Duterte is also currently in The Hague, The Netherlands, supporting her father, former president Rodrigo Duterte.
