FACT CHECK: Does The ICC Detain Duterte Without Enough Witnesses?

A viral claim suggests the ICC has no witnesses against former president Rodrigo Duterte—and that it jails suspects even while still investigating.

Rating: MISLEADING

What’s the issue?

Supporters of former president Rodrigo Duterte have circulated claims suggesting that the International Criminal Court (ICC) does not have enough witnesses against him and that the Court imprisons suspects even while investigations are still ongoing.

The claim surfaced after the ICC Office of the Prosecutor renewed its call for individuals willing to testify on alleged killings linked to Duterte’s war on drugs.

This fact check explains why the claim is misleading and how ICC procedures actually work.

Claim 1: The ICC has no sufficient witnesses

Why this is misleading

The ICC’s public call for witnesses does not mean the prosecution lacks witnesses or evidence. Under ICC procedures, investigations are built on a combination of documentary and forensic evidence, sworn statements, prior testimonies, and victim participation.

A call for witnesses is a standard practice in international criminal investigations, especially in cases involving mass crimes. It allows additional victims or witnesses—many of whom may fear retaliation—to safely come forward.

The ICC has already determined that there is reasonable ground to believe crimes against humanity were committed. This threshold must be met before an arrest warrant can be issued.

In short, the appeal for witnesses is meant to strengthen and complete the case, not to start from zero.

Claim 2: The ICC imprisons people while still “under investigation”

Why this is misleading

The ICC does not jail suspects arbitrarily or simply because an investigation is ongoing.

Under the Rome Statute, a person may be detained only after:

1. A Pre-Trial Chamber issues an arrest warrant, and
2. Judges determine that detention is necessary to:
   • ensure the suspect’s appearance in court,
   • prevent interference with witnesses or evidence, or
   • stop the commission of further crimes.

This means detention is a judicial decision, not a prosecutorial whim.

In Duterte’s case, ICC judges found sufficient legal basis to order arrest and continued detention, including the denial of interim release.

Witness calls are not a sign of a weak case

International criminal courts regularly issue calls for witnesses even after arrests have been made. Unlike domestic courts, the ICC allows victims to participate in proceedings beyond being formal prosecution witnesses.

Legal experts stress that inviting more testimonies reflects the scale and complexity of crimes against humanity cases, not the absence of evidence.

The bottom line

• The court already had enough material to issue an arrest warrant against Rodrigo Duterte.
• Calling for additional witnesses does not mean there are no witnesses.
• ICC detention is governed by strict judicial standards, not by ongoing investigation alone.

The claim that the ICC is detaining Duterte because it lacks witnesses is false and misleading.

This fact check is part of Daily Sun Chronicle’s commitment to counter disinformation on high-stakes legal and political issues.

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