The International Criminal Court (ICC) prosecution is set to file its response to former President Rodrigo Duterte’s request for interim release, which seeks to allow him to stay in a country that has reportedly agreed to receive him.

In a statement, the Office of the Prosecutor confirmed  that it will submit its position to Pre-Trial Chamber I, addressing the defense’s application for Duterte’s temporary release while facing crimes against humanity charges.

“The Office of the Prosecutor of the International Criminal Court will file before the Pre-Trial Chamber I a response to the defense’s request for the interim release of Mr. Rodrigo Roa Duterte,” the prosecution said via email.

Duterte, through his lawyer Nicholas Kaufman, is seeking interim release to an unnamed country—its identity redacted in the public version of the 16-page filing—which he says has agreed to accept him and enforce court-imposed conditions.

The defense also claims that the prosecution has not objected to the proposed interim release, provided specific conditions laid out in a confidential annex are met.

Kaufman argued that Duterte does not meet the threshold for continued detention under Article 58(1)(b) of the Rome Statute, citing no flight risk, no threat to the investigation, and no risk of committing further crimes.

“[Redacted] has affirmed its principled willingness to cooperate with the court, and to accept Mr. Duterte onto its territory for the duration of his interim release and enforce conditions of release,” the defense stated.

The ICC is currently conducting pre-trial proceedings against Duterte in connection with killings linked to his anti-drug campaign, both during his presidency and his term as mayor of Davao City.

A ruling from the Pre-Trial Chamber on Duterte’s interim release request is expected following the prosecution’s response.