PETITION TO THE International Criminal Court - ICC

A Humanitarian Appeal for the Dignity, Welfare and Appropriate Care of Former President Rodrigo Roa Duterte

To:
The Judges of the International Criminal Court
The Presidency of the International Criminal Court
The Registrar of the International Criminal Court
The Office of the Prosecutor

Subject: A humanitarian appeal concerning the continued detention and welfare of Former President Rodrigo Roa Duterte

We, the undersigned, respectfully call upon the International Criminal Court to give urgent and continuing consideration to the age, health, dignity, welfare and humanitarian circumstances of former Philippine President Rodrigo Roa Duterte while proceedings against him continue.

This petition is not intended to interfere with the judicial process, prejudge the allegations against Mr Duterte, or substitute the views of members of the public for those of the judges.

It is a humanitarian appeal.

We ask the Court to consider whether Mr Duterte’s present custodial circumstances remain the most appropriate and proportionate arrangements for an elderly man whose case may require substantial further proceedings.

Mr Duterte is now 81 years old.

The ICC itself has acknowledged that questions concerning his medical condition and fitness to participate in proceedings have required examination by independent medical experts. Three experts previously assessed him, and the Trial Chamber subsequently ordered an updated assessment for the trial phase. 

We therefore respectfully ask the Court to keep his welfare under particularly close review.

Our concerns

The criminal allegations against Mr Duterte are matters for the Court to determine through due process.

But whatever the eventual outcome of the proceedings, Mr Duterte remains a human being and an elderly detainee whose physical and psychological welfare must matter.

We are concerned about the cumulative effect of prolonged detention, separation from family, advancing age and the demands of potentially lengthy legal proceedings.

We are particularly concerned about the possibility of falls or other serious medical incidents occurring as he grows older.

We do not claim to know what medical arrangements are presently appropriate for him. That is precisely why we ask that the Court’s independent medical experts and judicial authorities continue to assess the situation.

The ICC states that its detention centre in Scheveningen meets international human-rights standards. We recognise that assurance. 

Our request is therefore not an accusation that the ICC detention centre is inherently unsafe or inhumane.

Rather, we ask whether an alternative arrangement could now better meet the particular needs of an elderly detainee.

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We respectfully ask the Court to consider alternatives

We call upon the ICC to consider, where legally permissible and supported by independent medical advice, whether Mr Duterte could be placed in a more appropriate humanitarian and care-based environment.

Possible arrangements could include:

1. A medically supervised residential or care facility in The Hague

If appropriate and secure arrangements can be established, Mr Duterte could potentially reside in a suitable care environment rather than a conventional detention environment.

2. A form of judicially supervised house arrest

If legally available and consistent with the Court’s requirements, the Court could consider a secure residence in The Hague subject to whatever restrictions, monitoring and safeguards the judges consider necessary.

3. Enhanced family access

Whatever custodial arrangement is ultimately maintained, we ask the Court to consider whether greater and more practical access for immediate family members could be provided, consistent with security and judicial requirements.

4. Continuing independent medical review

We ask that Mr Duterte’s physical and cognitive condition be monitored regularly throughout the proceedings, rather than relying solely upon an assessment made at an earlier stage.

5. Careful consideration of his fitness to stand trial

The Court has already considered this question. We respectfully ask that the continuing medical assessment be given the fullest possible consideration, particularly if his condition changes.

The ICC has stated that its earlier assessment found Mr Duterte fit to participate in the pre-trial proceedings, while also implementing practical measures such as shorter sessions and regular breaks. The Court has subsequently ordered a new assessment concerning his fitness for the trial phase. 

We ask that the Court follow the medical evidence wherever it leads.

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Justice and humanity should coexist

The length of the proceedings:

There is also a genuine concern among members of the public about the potential duration and complexity of the proceedings.

The ICC case has already generated an extensive body of procedural material, expert evidence, submissions and other documentation. The Court’s public records show continuing filings concerning detention, medical assessment, evidentiary matters and the conduct of the proceedings. 

The trial is presently scheduled to commence on 30 November 2026. 

We do not claim to know how long the trial will ultimately take.

But every month and every year matters when the person before the Court is an elderly man.

Mr Duterte cannot become younger while the proceedings continue.

That simple human reality should not be overlooked.

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Our ultimate hope

Many supporters of Mr Duterte would ultimately like to see him return to his home in Davao.

That remains the hope of many people signing this petition.

But we recognise that such an outcome is ultimately a matter for the Court and the applicable law.

Our immediate request is more modest:

Please ensure that, whatever happens in the legal proceedings, Rodrigo Roa Duterte is not allowed to deteriorate unnecessarily in custody.

If the medical evidence establishes that he is unable to stand trial, we ask that the Court act accordingly.

If the medical evidence establishes that he remains capable of participating in the proceedings, we nevertheless ask that the Court consider whether he can participate while living in a more suitable, medically supervised and humane environment.

And if the Court ultimately determines that he must remain detained, we ask that his welfare, medical condition and family access continue to receive the highest level of attention.

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A personal appeal

I have previously written to the International Criminal Court on several occasions calling for the return of former President Duterte to Davao.

I continue to hope that one day he will return home.

But my concern today is broader than that.

I am not a lawyer.

I am not a member of Mr Duterte’s defence team.

I have no authority over the proceedings and no influence over the judges.

I am simply a member of the public who cares deeply about what happens to an elderly human being.

I have also shared my concerns and hopes privately with members of Mr Duterte’s family.

I do not pretend to have the answers.

But I believe there is no harm in asking the Court to look again at the humanitarian circumstances surrounding his detention.

I would personally find it devastating if, after years of legal proceedings, Mr Duterte were never able to return home because his health deteriorated beyond recovery while in The Hague.

That is a fear I openly acknowledge.

I do not wish that outcome upon anyone—regardless of their political beliefs or their opinion of Mr Duterte.

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Our Petition

We therefore respectfully call upon the International Criminal Court to:

Our message is simple: 

We are asking the Court to protect an elderly man’s welfare while that case is decided.

And ultimately:

We hope that Rodrigo Roa Duterte will one day return to Davao.

Malcolm Conlan
Date: 27 September 2026