FACT CHECK: No ICC ruling ordering Duterte’s release or Marcos’ imprisonment

Claim: The International Criminal Court (ICC) has ordered the release of former president Rodrigo Duterte and the imprisonment of President Ferdinand “Bongbong” Marcos Jr.

Rating: FALSE

Why we fact-checked this: The claim appeared on a Facebook page posing as a news outlet with 51,000 followers. As of writing, the post has 541 likes, 114 comments, and 33 shares.

Text overlaid on the photo reads: “Sa wakas! Digong, VP Sara, nabaliktad na. BBM kulong ng ICC.” 

(At last! Digong and VP Sara have been turned around. BBM is jailed by the ICC.)

The post further claims that supporters of the Dutertes are celebrating on social media over circulating reports that the former president is now free.

The facts: The ICC has not ordered the release of Duterte, nor has it ordered the imprisonment of Marcos. Duterte remains in custody at the ICC detention center in Scheveningen, The Hague, Netherlands, since March 2025, facing charges of crimes against humanity linked to killings during his bloody war on drugs and earlier Davao City murders allegedly carried out by the Davao Death Squad.

The ICC’s four-day confirmation of charges hearing concluded on February 27, 2026. Under ICC rules, the pre-trial chamber has 60 days to decide whether the case will proceed to trial, with a decision expected by the end of April 2026. If the charges are confirmed, trial hearings are likely to start toward the end of 2026, allowing all parties sufficient time to prepare. (READ: Will there be a Duterte trial? ICC decision due by end of April)

The misleading post merely shows a photo of Duterte with ICC judges to suggest a supposed release order, but it provides no evidence to support this claim.

As for Marcos, there is no existing ICC arrest warrant, case, or detention order against him.

Lengthy ICC detention: Duterte has spent a year in detention, but experts say this may just be the beginning of a multi-year legal journey.

Historically, ICC detainees spend five to eight years behind bars. For comparison, Al Hassan Ag Abdoul Aziz, a former Mali Islamic Police official, has been in ICC detention for nearly eight years, while former alleged Seleka militia commander Mahamat Said Abdel Kani has already spent over five times the length of Duterte’s detention. (READ: Duterte’s ICC detention could be lengthy, based on other detainees’ stays)

Delays during the pre-trial phase, including motions challenging Duterte’s fitness to stand trial and the ICC’s jurisdiction, have extended the process. If the charges are confirmed, the trial itself could last several years, with appeals and sentencing adding more time. – Marjuice Destinado/Rappler.com

Marjuice Destinado is a senior political science student at Cebu Normal University (CNU) and an alumna of the Aries Rufo Journalism Fellowship of Rappler for 2025.

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