Claims circulating online that former president Rodrigo Duterte has been released from International Criminal Court (ICC) custody and will spend Christmas in the Philippines are false. Despite a widely shared video alleging his release and an asserted “ultimatum” from the Philippine Supreme Court, Duterte remains detained in The Hague.
False Claims Gain Traction
The claim originated in a YouTube video that, as of writing, had garnered 37,000 views, 2,900 likes, and 444 comments. The video’s title, translated from Tagalog, states: “Finally! It’s confirmed! Father Digong will be freed! The Supreme Court has issued a strong order to bring him home!” The video alleges the media suppressed information regarding Duterte’s supposed release.
However, the facts demonstrate that Duterte is still in detention at the ICC Detention Centre in Scheveningen Prison. There have been no credible reports of his release.
ICC Jurisdiction and Philippine Courts
The assertion that the Philippine Supreme Court issued an ultimatum for Duterte’s release is also inaccurate. Philippine courts have no authority over ICC custody proceedings and cannot interfere with the ICC’s decisions. The ICC, established under the Rome Statute, operates as an “independent and impartial judicial institution” and is not subject to interference from domestic bodies.
Currently, the ICC is examining questions of jurisdiction in the ongoing crimes against humanity case involving Duterte. On December 16, 2025, the Appeals Chamber requested additional explanations from both the prosecution and victims’ lawyers, focusing on the interaction of Articles 12(2), 13(c), and 127 of the Rome Statute.
The defense has been given until January 23, 2026, to respond to the ICC’s request, following a previous appeal challenging the court’s jurisdiction on November 14. This followed the Pre-Trial Chamber’s October 23 ruling affirming the ICC’s authority to prosecute and detain Duterte.
Frequently Asked Questions
Is Rodrigo Duterte currently free?
No, Rodrigo Duterte remains in detention at the ICC Detention Centre in Scheveningen Prison, The Hague.
Can the Philippine Supreme Court order the ICC to release Duterte?
No, Philippine courts have no jurisdiction over ICC custody proceedings and cannot order or interfere with ICC detention decisions.
What is the ICC currently doing regarding Duterte’s case?
The ICC is currently examining questions of jurisdiction in the ongoing crimes against humanity case, requesting additional explanations from the prosecution and victims’ lawyers.
As the ICC continues its work, it will be important to rely on verified information and avoid the spread of misinformation. What role do social media platforms play in verifying information before it reaches a wide audience?
