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Duterte's stay in the Hague and the possible length it may take

  • Mar 11
  • 3 min read

A year after being taken into custody by the International Criminal Court (ICC), former Philippine president Rodrigo Duterte is only at the early stage of a legal process that could keep him outside the country for several more years if the case moves forward to trial.


In previous ICC cases, detainees have typically spent between five and eight years going through the court’s legal proceedings. Compared with that timeline, Duterte’s current detention represents only about 15% to 20% of the process so far.


Duterte was arrested in the Philippines on March 11, 2025, and was transferred to the ICC detention facility in The Hague the next day. For the purposes of this report, the calculation of his time in custody begins from his arrival in The Hague.


The ICC case represents an uncommon instance of international accountability related to the controversial anti-drug campaign carried out during his administration.


According to official government records, at least 6,200 people were killed in police-led anti-drug operations. However, human rights organizations estimate that the number of deaths may be as high as 30,000 when incidents involving unidentified assailants or suspected vigilante groups are taken into account.


One year after being detained by the International Criminal Court (ICC), former Philippine president Rodrigo Duterte remains at the beginning of a legal process that could keep him outside the Philippines for several more years if the case proceeds to a full trial.


Past ICC cases suggest that detainees often spend between five and eight years going through court proceedings. Measured against that timeline, Duterte’s current detention represents only about 15% to 20% of the process so far.


Duterte was arrested in the Philippines on March 11, 2025, and transferred to the ICC detention facility in The Hague the following day. For the purposes of this report, the count of his detention begins from the time he arrived in The Hague.


The ICC case marks one of the rare instances of international accountability connected to the controversial anti-drug campaign carried out during his presidency.


Government records show that at least 6,200 people were killed in police-led anti-drug operations. However, human rights groups believe the number could reach as high as 30,000 when deaths attributed to unidentified gunmen or suspected vigilante groups are included.


A comparison with other ICC detainees highlights how early Duterte still is in the legal process. For example, former Mali Islamic Police senior member Al Hassan Ag Abdoul Aziz has been in ICC custody for 2,903 days—nearly eight years.


This means Al Hassan has spent almost eight times longer behind bars than Duterte. In comparison, Duterte’s first year in detention represents only about 12.6% of the time Al Hassan has been held.


Al Hassan was transferred to The Hague on March 31, 2018, where he faced charges of crimes against humanity and war crimes. He was eventually convicted on June 26, 2024, and continues to be held in the Netherlands while awaiting transfer to an ICC member state where he will serve his sentence.


Another example is Mahamat Said Abdel Kani, who currently has the shortest detention period among ICC detainees at around 1,873 days. Even so, that amount of time is still more than five times longer than Duterte’s stay so far.


The former militia commander arrived in The Hague on January 24, 2021. He faces charges related to crimes against humanity and war crimes allegedly committed in the Central African Republic.


These comparisons underscore the lengthy nature of ICC legal proceedings. If Duterte’s case follows the pattern of other detainees—many of whom remain in custody for five to eight years—his current 365 days in detention may eventually be viewed as only the beginning of a much longer period.

 
 
 

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