Duterte waives right to attend ICC ruling on interim release appeal
MANILA, Philippines — Former president Rodrigo Duterte has waived his right to personally attend the International Criminal Court’s (ICC) reading of the judgment on his appeal seeking interim release as the tribunal prepares to deliver its ruling in open court on Friday, November 28.
In a notification dated November 27, Duterte’s legal counsel, Nicholas Kaufman, informed the ICC Appeals Chamber that the defense had filed the former president’s “signed waiver of his right to be present” during the proceedings.
“I, Rodrigo Roa Duterte, respectfully waive my right to appear before the Appeals Chamber on 28 November 2025 at 10:30 and, consequently, instruct my lawyers to hear the judgment that will be rendered on my appeal against Pre-Trial Chamber I’s decision on interim release - ICC-01/21-01/25-282,” the waiver read.
The ruling will be delivered at 10:30 a.m. (5:30 p.m. Manila time) and streamed live on the ICC’s official website, Facebook and YouTube, giving the public direct access to one of the most closely monitored international criminal proceedings in recent years.
Appeal on humanitarian grounds
Duterte’s team filed the current appeal on October 14, arguing that the Pre-Trial Chamber failed to consider “humanitarian considerations,” citing the 80-year-old former leader’s age, infirmity and debilitated condition.
"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," the appeal read.
Pre-Trial Chamber I previously denied Duterte’s request for interim release on September 26, finding that his continued detention remained necessary.
It cited Duterte's opposition to his arrest, his family’s demand that he be brought home and public remarks by Vice President Sara Duterte suggesting she would break him out of ICC detention.
The chamber added that Duterte appeared to retain “necessary political contacts” and had a support network in the Philippines that could help him abscond.
Challenge to ICC jurisdiction
Duterte’s defense also challenged the ICC’s jurisdiction, filing a separate 21-page appeal on November 14.
His lawyers argued that the Pre-Trial Chamber erred in ruling that the Court could assert jurisdiction despite the Philippines’ withdrawal from the Rome Statute.
The defense questioned the Chamber’s reliance on Article 127(2) as lex specialis and identified “three further errors of law and fact,” including the scope of preliminary examinations, the role of the Office of the Prosecutor, and the application of the Rome Statute’s object and purpose.
They claimed the ICC’s position allowing jurisdiction to continue after a state’s withdrawal was unprecedented and had “never before [been] argued by the Prosecutor.”
The Philippines joined the Rome Statute on Nov. 1, 2011.
Under the Duterte administration, it withdrew from the treaty effective March 17, 2019 following the ICC’s preliminary examination into killings under the anti-illegal drugs campaign.
Despite the withdrawal, the ICC Pre-Trial Chamber authorized a full investigation on Sept. 15, 2021.
Case and charges
Duterte was arrested on March 12, 2025 after the ICC issued a warrant on March 7.
He is currently detained at the Hague Penitentiary Institution and faces charges of crimes against humanity, including over 49 counts of murder and attempted murder, related to his controversial war on drugs during his tenure as Davao City mayor and president.
Duterte’s confirmation of charges hearing, originally scheduled for Sept. 23, 2025, was postponed after his defense argued that he was unfit to stand trial.
Human rights groups have long criticized Duterte’s drug war, which police say resulted in more than 6,000 deaths. Advocacy groups, however, estimate the toll to be as high as 30,000.
Kaufman will represent the former president during Friday’s reading of the ruling.
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