THE HAGUE – Former Philippine President Rodrigo Duterte might find himself released from detention at the International Criminal Court (ICC) this Friday, as judges deliberate on a request to free him amid ongoing proceedings. Duterte faces charges of crimes against humanity.

In October, judges decided to keep Duterte, who is in his 80s, in custody, citing concerns that he might skip trial and potentially intimidate witnesses if released. His legal team is currently challenging this decision.

The ICC prosecution alleges that Duterte orchestrated numerous killings during his infamous war on drugs, a campaign he led both as a southern city mayor and later as the country’s president. Court documents claim Duterte directed and sanctioned violent acts, including murder, targeting alleged criminals and suspected drug offenders.

During Duterte’s presidency, the death toll from his anti-drug campaign reportedly varied widely. Official police figures estimate over 6,000 deaths, while human rights organizations suggest the number could be as high as 30,000. Victims’ families welcomed Duterte’s March arrest as a step toward justice.

Duterte’s defense team argues that his health is severely compromised, describing his continued detention as “cruel.” A pretrial hearing was deferred in September to allow for a comprehensive medical evaluation. Defense documents indicate that Duterte’s declining mental faculties impair his ability to participate in his defense.

If he is released, he will not return to the Philippines but instead be transferred to the custody of another member state while proceedings continue.

Last month, judges rejected a challenge to their jurisdiction in the case.

ICC prosecutors announced in February 2018 that they would open a preliminary investigation into the violence that took place during Duterte’s time in power. In a move that human rights activists say was aimed at escaping accountability, Duterte, who was still president, announced a month later that the Philippines would leave the court.

The charges against Duterte date from Nov. 1, 2011, when he was still mayor of the southern city of Davao, to March 16, 2019, when the withdrawal from the ICC took effect.

Countries can’t “abuse” their right to withdraw from the Rome Statute, the court’s founding document, “by shielding persons from justice in relation to alleged crimes that are already under consideration,” judges wrote in the October ruling. Duterte’s legal team has appealed this decision as well.

The Duterte administration moved to suspend the global court’s investigation before, arguing in late 2021 that Philippine authorities were already looking into the same allegations and the ICC — a court of last resort — therefore didn’t have jurisdiction.

Appeals judges at the ICC rejected those arguments and ruled in 2023 that the investigation could resume.