FACT CHECK: No order from ICC president to release Duterte ahead of his birthday

1 month ago 16

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The fake quote card uses a statement falsely attributed to ICC President Judge Tomoko Akane along with a photo of actress Michelle Yeoh

Claim: Judge Tomoko Akane, president of the International Criminal Court (ICC), has ordered the release of former Philippine president Rodrigo Duterte ahead of his birthday on March 28, along with the dismissal of his crimes against humanity charges.

Rating: FALSE

Why we fact-checked this: The claim was made in a quote card posted on March 19, which has gained over 1,100 reactions, 476 comments, and 797 shares as of writing. The caption of the post reads: “Yes, uuwi na si Tatay D… soon.” (Yes, Tatay [Duterte] will be back home… soon.)

Text superimposed on the quote card claims: “President Duterte is going to be released on March 26, 2025.”

The graphic, which uses the official logo of the ICC, features an alleged statement from Akane alongside a supposed photo of the judge. The text reads:

“I firmly believe in President Duterte’s innocence. In response to the persistent calls from the Filipino people, as well as appeals from lawyers and human rights experts, I have decided to order his release on March 26, 2025, allowing him to celebrate his birthday at home. Additionally, I have directed the chamber to dismiss the charges of crimes against humanity against President Duterte and to grant his immediate freedom.”

The facts: The quote card is fake. Akane has made no such statement, and no official ICC records or public statements support this claim. Additionally, the image used in the graphic is not of Akane but of Malaysian actress Michelle Yeoh.

Although Akane serves as ICC president, she is not directly involved in Duterte’s case. She has three main areas of responsibility: judicial functions, administration, and external relations. As part of her judicial functions, the ICC president “constitutes and assigns cases to chambers, conducts judicial review of certain decisions of the Registrar, and concludes Court-wide cooperation agreements with States.”

On March 11, Duterte was arrested through an ICC warrant on charges of crimes against humanity for the extrajudicial killings under his administration’s bloody war on drugs. The warrant was issued by the judges of Pre-Trial Chamber I, composed of Presiding Judge Iulia Motoc, Judge Reine Alapini-Gansou, and Judge Socorro Flores Liera, with Karim Khan KC as the ICC’s chief prosecutor. (READ: Who are the all-women ICC judges who ordered Duterte’s arrest?)

Any decision regarding the dismissal of charges, arrest warrants, or release would be made by the judges assigned to the case.

The possibility of temporary release: Duterte is currently detained at the ICC detention center in Scheveningen, The Hague, where he made his first appearance before the ICC via a video link on March 14.

Duterte can apply for interim release under the Rome Statute, which allows a suspect to request temporary freedom while awaiting trial. He is expected to cite health concerns as the basis for his request.

Historically, however, the ICC has never granted interim release to a suspect charged with crimes against humanity. ICC judges will only grant interim release if they determine that he does not pose a flight risk, will not obstruct or endanger the investigation, and is unlikely to commit further crimes. (READ: What to expect in the 6 months before Duterte’s ICC pre-trial)

The disinformation train: Rappler has been investigating a broader wave of disinformation led by Duterte supporters following the former president’s arrest. Both the Supreme Court and the ICC have become targets of false claims. Additionally, reports show that Duterte’s social media army has been active in spreading disinformation to depict the former president as a victim and to discredit the media. The National Bureau of Investigation is monitoring several vloggers suspected of spreading fake news. (READ: Disinformation peddlers vs drug war victims may face charges)

Similar claims: Rappler has fact-checked several false statements regarding Duterte’s ICC case. The common practice for these fake quote cards is to have the logo and formatting of a reputable news outlet or use a photo of a public personality to falsely claim legitimacy:

– Cyril Bocar/Rappler.com

Efren Cyril Bocar is a student journalist from Llorente, Eastern Samar, enrolled in English Language Studies at the Visayas State University. A managing editor of Amaranth, Cyril is a graduate of the Aries Rufo Journalism Fellowship of Rappler for 2024.

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