The presumption of innocence is one of the pillars of contemporary international criminal law and structures the entire procedural system of the International Criminal Court (ICC). According to the Court's own institutional guide, Understanding IPC (2024), any person who appears before the court “must be presumed innocent until proven guilty beyond a reasonable doubt”. This standard not only protects those under investigation, but also requires that any measure restricting liberty -including pretrial detention- is exceptional, The company's policy is strictly based on a reviewable and well-founded basis.

1. Periodic review of detention and the right to request provisional release.

Under the ICC legal framework, judges are obliged to review, either at the request of the defense or on its own motion, The Court must examine whether the conditions justifying the detention still exist. This is because the presumption of innocence is not a symbolic declaration: it is an active guarantee that obliges the Court to examine whether the procedural risks - flight, obstruction, danger to victims or witnesses, or the possibility of criminal repetition - are still present.

If such risks can be mitigated through specific conditions, the provisional release may be granted. This periodic review, which is provided for in the Rome Statute and explained in the official document Understanding IPC (2024), reflects the balance between the protection of the international criminal process and respect for the fundamental rights of the accused.

2. Recent jurisprudence: the example of the Rodrigo Duterte case

The case of the former Philippine president Rodrigo Duterte represents a recent and significant application of this principle. Following his arrest in 2025 for alleged crimes against humanity, his defense filed for the provisional release, The company has also been able to obtain a visa, citing reasons of health, advanced age and guarantees offered by a third State.

The ICC, however, denied the request, on the basis that:

• The procedural risks, especially the risk of flight and possible interference with witnesses.
• The guarantees presented by the defense did not meet the required standard to neutralize such risks.
• The seriousness and context of the crimes charged demanded greater caution.

This decision - confirmed by the Appeals Chamber on 28 November 2025 - illustrates how the ICC applies a rigorous and casuistic analysis: provisional release is feasible in principle, but never automatic. It only proceeds when the defense demonstrates that the accused's freedom would not compromise the integrity of the process or the safety of the victims..

3. Relevance to international criminal law

The practice of the ICC confirms three essential points:

1. The presumption of innocence operates at all times, but does not eliminate the possibility of preventive detention, The company is not responsible for any of the above, as long as it is strictly justified.
2. Provisional release is part of the catalog of rights of the accused, but it requires concrete and verifiable guarantees.
3. Recent jurisprudence reveals a tendency to maintain detention in cases of high gravity when the risks cannot be controlled.

These elements reflect the nature of international criminal law: a system that must protect fundamental rights, but also ensure that the most serious crimes do not go unpunished or compromise the safety of witnesses, victims and justice operators.

At VENFORT LAWYERS, As a leading firm in international criminal law, we reaffirm our commitment to a technical, rigorous and strategic defense before supranational tribunals. Our team - composed of specialists formally accredited before the International Criminal Court - is qualified to practice in the following areas all procedural actions on behalf of our defendants, The process is carried out from the preliminary phase up to the trial and the eventual review of detention measures.

The accreditation of our team before the ICC, together with the experience accumulated in complex investigations and in the handling of guarantees such as presumption of innocence and provisional release, allows us to offer an effective and highly specialized representation in an environment where jurisprudence evolves and the defense before the ICC requires technical precision, procedural strategy and deep knowledge of the Rome Statute, VENFORT ABOGADOS has consolidated its position as a solid legal ally, prepared to fully protect the rights of our clients before the international criminal justice system..