ICC to rule on Duterte's appeal for interim release on Nov. 28, 2025

The Appeals Chamber of the International Criminal Court has scheduled for Nov. 28 the delivery of its ruling on the appeal of former President Rodrigo Duterte of the tribunal's rejection of his request for interim release.

In a decision dated Sept. 26, the ICC Pre-trial Chamber I rejected the request of Duterte's defense counsel to grant interim release to the former leader, who is facing charges of crimes against humanity for murder and attempted murder before the tribunal.

In an appeal filed on Oct. 14, Duterte's defense counsel Nicholas Kaufman said that the pre-trial chamber erred in finding that Duterte posed a risk, in rejecting state guarantees, and in failing to take into account humanitarian considerations.

"Mr. Duterte is 80 years old, infirm, and debilitated. It is, quite simply, cruel to detain him while he enjoys the presumption of innocence. A court of law set up to address the crimes of ultimate concern to humanity may also show compassion," the appeal read.

"Mr. Duterte has neither the desire nor capacity to flee or to return to a life of power or politics. He merely seeks interim release in a country where he can participate in the confirmation proceedings in a setting conducive to his proven weak state of mental and physical health," it added.

"To facilitate this, he has agreed to the most restrictive conditions for release ever proffered at the International Criminal Court. In light of various errors of law and fact, the Appeals Chamber is requested to overturn the Impugned Decision and to order Mr Duterte’s immediate interim release to the State Party that has vigorously affirmed its commitment to the Court by expressing its keen desire to receive him, under terms and conditions tendered at first instance," the appeal read.

In its rejection of Duterte's request for interim release, the ICC pre-trial chamber said, "With regard to the need to ensure Mr. Duterte’s presence at trial, the Chamber recalls that Mr Duterte has, from his initial appearance, contested his arrest and detention, qualifying it as a pure and simple kidnapping."

"In addition, his family not only physically resisted, but also publicly voiced criticism regarding his arrest and detention, and demanded that he should be brought back to the Philippines," it added.

"More specifically, the Chamber notes that, on 19 July 2025 Mr. Duterte’s daughter mentioned in public speeches the idea of breaking Mr. Duterte out of the ICC Detention Centre, and attempted to delegitimise the Court’s proceedings against Mr. Duterte, citing collusion between the Court and the government of the Philippines as well as the use of 'fake witnesses,'" the ICC said. –NB, GMA Integrated News