Former President Rodrigo Duterte defense lawyer has asked the International Criminal Court that he be released to a country, the name of which has been redacted from the copy of the urgent request for interim release.

According to the 16-page request, the undisclosed country has agreed to take in the former leader, who is facing charges of crimes against humanity in connection with the killings under his war on drugs when he was mayor of Davao City and when he was president of the Philippines.

Duterte’s defense counsel, Nicholas Kaufman said the prosecution also has confirmed its non-opposition to the former president’s interim release to the country, yet to be made public, “on the understanding that the terms and conditions set out in Annex A to this filing would be met.”

“Mr. Duterte does not meet any of the conditions to warrant further pre-trial detention as provided in Article 58(1)(b). He does not pose an objective risk of flight, nor is his arrest necessary to ensure the integrity of the investigations or to preclude the continued commission of crimes. He must, as a result, be immediately released from ICC custody,” Kaufman said in his request for Duterte’s interim release.

“[Redacted] has affirmed its principled willingness to cooperate with the court, and to accept Mr Duterte onto its territory for the duration of his interim release and enforce conditions of release. It has also affirmed that it will make its prompt observations, should it be invited to do so by the pre-trial chamber,” he added.

“As such, the defense will respectfully request that the pre-trial chamber order Mr Duterte’s immediate release into [redacted] under any conditions as deemed appropriate,” the request read.

The defense also respectfully asked that the deadline for any responses or observations be shortened. The reason has also been redacted in the copy of the posted request.

Duterte was arrested on March 11 in Manila, delivered to ICC custody on March 12, and detained at the ICC Detention Center on March 13.

Kaufman said Duterte was “visibly fatigued” when he faced the tribunal via video call from detention on March 14.

“On 9 June 2025, in the context of meetings with the defense – a privilege for which it is extremely grateful – representatives of the government of [redacted] communicated its principled agreement to receive Mr. Duterte onto its territory for the term of his interim release and to host him for that term,” Kaufman’s request read.

“To this end, the [redacted] has indicated to the defense that if invited by the pre-trial chamber to make its observations, it would do so promptly,” it added.

The request said discussions on interim release commenced between the defense counsel and the chief prosecutor immediately after the initial appearance.

“Since then, and since the chief prosecutor’s leave of absence, the prosecution has confirmed its non-opposition to interim release to [redacted][redacted] State Party on the understanding that the terms and conditions set out in Annex A to this filing would be met,” Kaufman’s request read.

“The terms and conditions proffered by Mr. Duterte for guaranteeing interim release to [redacted] would remain exactly the,e same, bar the obligation to [redacted]. Moreover, the same terms and conditions would include an extra clause providing for Mr. Duterte [redacted],” it added.

The defense cited basis for the interim release Article 58(1) of the Rome Statute.

“Where a detainee does not pose a risk under Article 58(1), they must be released; this is not a discretionary decision, it is absolute. Even where Article 58(1)(b) risks may exist, interim release is still appropriate where those risks can be mitigated by the imposition of certain conditions of release,” the request read.

“This is consistent with the international human rights norm that alternatives be employed as early as possible to ensure pre-trial detention is a last resort that lasts no longer than necessary,” it added.

The request said Duterte would not escape from custody.

“[Were] he to abscond from [redacted], not only would he embarrass his hosts, but as one of the most recognized political figures in the world, he would be easily found returned to ICC custody without any prospect of future release,” the request said.

“This is not a realistic risk for a [redacted] 80-year-old,” it added.

The defense also argued that Duterte would not imperil the proceedings nor continue to commit crimes.

‘Stable, suitable environment’

It also cited humanitarian considerations for the interim release.