ICC denies Rodrigo Duterte's interim release appeal

The International Criminal Court (ICC) Appeals Chamber denied Friday the appeal of former President Rodrigo Duterte on the rejection of his request for interim release.

Judges of the Appeals Chamber ruled unanimously, rejecting all three grounds related to the appeal. With this, Duterte will continue to be detained in The Hague, Netherlands.

"Finally, the Appeals Chamber notes that the Pre-Trial Chamber reached its conclusions in relation to the risks enumerated in Article 58(1)(b) of the Statute on the basis of a comprehensive assessment of the information before it. In the present case, having rejected the three grounds of appeal presented by the defense in the appeal brief, the Appeals Chamber unanimously confirms the impugned decision," the Appeals Chamber said in a decision read by Judge Luz del Carmen Ibañez Carranza.

Duterte waived his right to be present during the reading of the judgment and instructed his lawyers to hear the decision in open court.

In reading the decision, Ibañez Carranza said that the Appeals Chamber unanimously rejected all three grounds presented by Duterte's defense team for his interim release plea.

Three grounds of appeal

The legal team of Duterte raised three grounds of appeal:

(i) the Pre-Trial Chamber erroneously found that Mr Duterte poses a risk under article 58(1)(b) of the Rome Statute

(ii) the Pre-Trial Chamber erred in its rejection of the guarantees proposed by the State willing to receive him; and

(iii) the Pre-Trial Chamber erred in law by failing to take into account humanitarian considerations in assessing the right to interim release

"After examining the arguments raised in the appeal brief, the Appeals Chamber found that the Defence failed to identify errors in the Pre-Trial Chamber's reasoning or to demonstrate that the Pre-Trial Chamber's conclusions were unreasonable," the ICC said in a news release.

The Appeals Chamber is composed of Ibañez Carranza, Presiding Judge in this appeal; Judge Tomoko Akane; Judge Solomy Balungi Bossa; Judge Gocha Lordkipanidze; and Judge Erdenebalsuren Damdin.

The Appeals Chamber noted that Pre-Trial Chamber reached its conclusions in relation to the risks enumerated in article 58(1)(b) of the Statute on the basis of a comprehensive assessment of the information before it.

"After examining the arguments raised in the appeal brief, the Appeals Chamber found that the Defence failed to identify errors in the Pre Trial Chamber’s reasoning or to demonstrate that the Pre-Trial Chamber’s conclusions were unreasonable," the ICC said.

"The Appeals Chamber thus unanimously confirmed the Pre-Trial Chamber’s decision of 26 September 2025," it added.

Duterte waived his right to be present during the reading of the judgment and instructed his lawyers to hear the decision in open court.

The ICC Pre-Trial Chamber I previously denied Duterte's request for interim release, finding that his continued detention was necessary.

The ICC Prosecutor has charged him with 49 incidents of murder and attempted murder during his time as mayor of Davao City and as President of the Philippines.

Office of Prosecutor notes Duterte continued detention

In a statement, the Office of the Prosecutor said it notes the Appeals Chamber decision upholding the  continued detention of Duterte.

"The Appeals Chamber unanimously affirmed the Pre-Trial Chamber’s decision of 26 September 2025, which had found that the criteria set out in articles 58(1)(a) and 58(1)(b)(i)-(iii) continued to be met," it said.

"Namely, there are reasonable grounds to believe that Mr. Duterte committed crimes within the jurisdiction of the ICC, and that his continued detention appears necessary to ensure his appearance at trial, to ensure that he does not obstruct or endanger the investigation or the Court proceedings, and to prevent him from continuing with the commission of the crime or a related crime within the jurisdiction of the Court," it added.

The Office of the Prosecutor said it continues to prepare for Duterte’s hearing on the confirmation of charges once scheduled.

Duterte counsel Kaufman to await medical evaluation

Dutere's counsel, Nicholas Kaufman, said the defense would await the result of the medical evaluation of Duterte due next month.

"The ICC Appeals Chamber has never affirmed the interim release of a person charged with crimes against humanity," Kaufman said.

"The Defense awaits the results of the medical evaluation of the former President due next month and will reintroduce its request to release a man who is 80 years old and, as a result of debilitating physical conditions and cognitive issues, is incapable of flight or, as alleged, threats to witnesses," he added. 

What’s next?

Interviewed by GMA News Online, ICC Assistant to Counsel Atty. Kristina Conti said that although Duterte's camp can no longer appeal the rejection, his lawyers may file another request for interim release.

"'Yung interim release nasa Appeals Chamber so parang nasa Supreme Court na ito, and therefore the decision will be final," Conti said.

(The interim release is with the Appeals Chamber so it's like it’s in the Supreme Court, and therefore the decision will be final.)

"What could probably be the next step, kumbaga, is they can ask for interim release again, citing different grounds, citing different circumstances," she added.

According to Conti, the decision will not affect whether the trial can proceed.

"Walang impact masyado sa, kumbaga, sa main issue or main case, whether the case can proceed," she said.

(It has very little impact, so to speak, on the main issue or the main case regarding whether the case can proceed.)

Medical examination

Duterte's camp previously requested the indefinite adjournment of all legal proceedings, saying that the former president lacked the capacity to apply cognitive skills essential for the proper conduct of his defense.

Due to this, the ICC Pre-Trial Chamber I has ordered a medical examination for Duterte to determine his fitness to stand for trial.

According to Conti, the international tribunal has set the deadline for the submission of the medical reports on December 5 while the parties have until December 12 to give their comments on the reports.

The ICC will then decide on whether to grant or deny the request for indefinite adjournment.

Meanwhile, Conti said the ICC prosecution is prepared to proceed with the trial stage.

"On the part of the prosecution, it seems they are trial-ready. And when I say that, for confirmation of charges and ready sila for anything that happens after that," she said.

EJK victims' families

On behalf of the families of drug war victims, Conti appealed to the public for sympathy and understanding.

She said that when the families made a social media post about having a watch party on the ICC ruling, trolls flocked to the post to give "hurtful and hateful" comments.

"For the victims, they're hoping to see some support na kung may naaawa po kay Duterte, eh bigyan niyo po ng impassioned na awa 'yung mga namatayan," Conti said.

(For the victims, they're hoping to see some support that if there are those who feel sympathy for Duterte, then they should show the same heartfelt sympathy for those who lost their loved ones.)

Based on government records, some 6,200 drug suspects were killed during the Duterte administration's anti-drug operations. Human rights organizations, however, say that the number may reach 30,000 due to the unreported related slays.

Presumed innocent

In a Facebook reel posted Wednesday, the ICC said its defendants are presumed innocent unless and until proven guilty beyond reasonable doubt.

"Because they are presumed innocent, there must be a strong justification to hold defendants in ICC custody," the ICC said.

The ICC said the judges check if the defendant may not appear, may create obstacles for investigations or pose a threat to the safety of witnesses or victims, or may be committing certain alleged crimes under the ICC's jurisdiction. — VDV, GMA Integrated News