ICC Appeals Chamber: Duterte to remain in detention

The International Criminal Court's Appeals Chamber affirmed on Friday the Pre-Trial Chamber I's ruling to detain former President Rodrigo Duterte on allegations of crimes against humanity.

Voting unanimously, the five-person Appeals Chamber denied the defense's request to reverse the Pre-Trial Chamber I's January 26, 2026, decision and order the immediate release of Duterte.

In its appeal, the defense said the Pre-Trial Chamber I erred in fact and in law and abused its discretion when it disregarded the defense's report concerning the health condition of the 80-year-old former president. 

"The Appeals Chamber finds that the Defense has failed to establish any errors of the Pre-Trial Chamber in relying upon the Panel’s Reports [Panel of Experts], which provide the most updated medical information in respect of Mr. Duterte’s health condition," the decision stated.

"Consequently, and contrary to the Defense’s argument, the Appeals Chamber finds no inconsistency between the Pre-Trial Chamber’s rejection of the Defense’s Report and the Pre-Trial Chamber’s finding that while the Panel’s Reports constitute a new fact as to Mr. Duterte's health condition, the Panel’s Reports and the information therein do not amount to a new fact or changed circumstance that would warrant modifying the Initial Decision on Detention under Article 60(3) of the [Rome] Statute," it added.

The Appeals Chamber also said the two reports concerning Duterte’s health condition, which were prepared by the medical practitioners selected by the defense, were taken into consideration by the panel of experts.

"While the reasoning of the Pre-Trial Chamber for its determination not to consider the Defense’s Report in the Impugned Decision was relatively sparse, the Appeals Chamber notes that the Pre-Trial Chamber recalled its prior decisions in this regard, emphasizing the impartiality and neutrality of the Panel, and stressed that 'with a view to preserving the fairness of the proceedings,' it would not rely upon the Defense’s Report, 'since the Defense lacks the requisite expertise and is a party to the proceedings,'" it said. 

Duterte has been detained at the ICC in The Hague since March 12, 2025, while awaiting trial in connection with the alleged abuses in his war on drugs when he was Davao City mayor and president.

The Pre-Trial Chamber I held hearings last week to decide whether to confirm the charges and proceed with a full trial. It also heard pleas from the prosecution and the defense with regard to Duterte's continued detention.

Nicholas Kaufman, Duterte's defense attorney, stated on the final day of the confirmation of charges hearing that the former president has "accepted his fate" and the prospect of dying behind bars.— VBL, GMA Integrated News