The bid of former Philippine president Rodrigo Duterte to secure temporary freedom was struck down once again, after the International Criminal Court’s Appeals Chamber declined to overturn an earlier ruling that kept him in custody.
The decision, delivered in open court in The Hague and read by Presiding Judge Luz del Carmen Ibañez Carranza, confirmed that all three arguments raised by Duterte’s lawyers failed to persuade the panel. The judges ruled unanimously, leaving the former leader detained in the Netherlands.
Duterte did not attend the session, having instructed his counsel to appear on his behalf.
At the heart of the failed appeal were claims that the Pre-Trial Chamber had erred when it determined that Duterte posed risks identified under article 58(1)(b) of the Rome Statute, when it dismissed state guarantees offered for his release, and when it did not factor in the humanitarian issues cited by the defense. The legal team said the chamber should have viewed those circumstances differently.
The Appeals Chamber, however, stood firmly with the lower chamber’s findings. “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,” the bench said. “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.”
A separate ICC news release underscored the same point. “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,” it stated.
The five-member chamber—Judge Ibañez Carranza, Judge Tomoko Akane, Judge Solomy Balungi Bossa, Judge Gocha Lordkipanidze, and Judge Erdenebalsuren Damdin—also affirmed that the September 26, 2025 ruling denying Duterte’s interim release remains in place.
Before the appeal, the Pre-Trial Chamber had already deemed Duterte’s detention necessary while he faces allegations of 49 incidents of murder and attempted murder linked to his years as Davao City mayor and later as president.
The Office of the Prosecutor welcomed the outcome. “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. According to the prosecution, these criteria include reasonable grounds to believe Duterte committed crimes under ICC jurisdiction and the need to secure his appearance, protect the proceedings, and prevent further possible offenses.
The prosecution added that preparations continue for the confirmation of charges hearing once a schedule is set.
Defense counsel Nicholas Kaufman said they are awaiting Duterte’s medical evaluation, which will be completed next month. “The ICC Appeals Chamber has never affirmed the interim release of a person charged with crimes against humanity,” Kaufman said. He added that the team will renew its request to release Duterte, citing his age and reported physical and cognitive difficulties.
ICC Assistant to Counsel Kristina Conti told GMA News Online that the rejection cannot be appealed again, likening the chamber’s authority to that of a final appellate court. However, she said Duterte’s lawyers may file a fresh request for interim release if new circumstances emerge. “‘Yung interim release nasa Appeals Chamber so parang nasa Supreme Court na ito, and therefore the decision will be final,” Conti said.
She noted that the ruling has little bearing on whether the case can proceed. “Walang impact masyado sa, kumbaga, sa main issue or main case, whether the case can proceed,” she said.
The issue of Duterte’s health continues to play a role in the court’s timetable. The former president earlier sought an indefinite halt to all proceedings, arguing he could not properly participate in his own defense. This prompted the ICC to order a medical examination, with reports due on December 5 and comments from both sides expected by December 12. The judges will then rule on the request for adjournment.
Conti also said the prosecution appears ready to move into the trial phase. “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.
For the families of those killed in drug war operations, Conti appealed for understanding. She noted that a recent social media post about a watch party for the ruling drew “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,” she said.
Government records place the number of drug war deaths at 6,200, while human rights groups estimate that the total may reach 30,000 when unreported killings are considered.
The ICC issued its own reminder midweek through a Facebook reel, noting that all defendants start from the presumption of innocence. “Because they are presumed innocent, there must be a strong justification to hold defendants in ICC custody,” it said. The court added that judges assess whether an accused might evade proceedings, interfere with investigations, threaten victims or witnesses, or be engaged in alleged crimes under ICC jurisdiction.
