MANILA, Philippines (7:01 p.m.) — The International Criminal Court has unanimously rejected former President Rodrigo Duterte's appeal for interim release, upholding an earlier ruling that he must remain locked up while facing charges of crimes against humanity.
The appeals chamber found no errors in the Pre-Trial Chamber I's September decision that concluded Duterte poses a flight risk, could intimidate witnesses and might commit new crimes if freed. The court said his status as former president, his recent election as Davao City mayor and his network of political supporters justify keeping him detained.
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Ultimately, Duterte's defense "failed to demonstrate" that the lower court made mistakes in its assessment, according to the decision read by the chamber's presiding judge, Luz del Carmen Ibáñez Carranza.
Duterte waived his right to attend the hearing by submitting a signed notice through his lawyer, Nicholas Kaufman, instructing his legal team to hear the judgment without him. The ruling on Friday was livestreamed from The Hague at 5:30 p.m. Manila time.
The former Philippine president has been held at the ICC's Scheveningen Prison in the Netherlands since his March 12 arrest. He is accused of crimes against humanity relating to three counts of murder over 49 killings in his violent "war on drugs" as Davao City mayor and later as president.
All five judges rejected the appeal: Carranza, Tomoko Akane, Solomy Balungi Bossa, Gocha Lordkipanidze and Erdenebalsuren Damdin.
All three grounds rejected
The appeals chamber rejected all three main arguments from Duterte's lawyers.
First, Duterte's defense argued the pre-trial chamber wrongly found he poses risks of flight, obstructing proceedings, or committing new crimes under the Rome Statute.
Duterte's camp claimed the pre-trial judges based their decision on "hypothetical and non-specific risks" in finding Duterte would flee if released.
But the appeals chamber said the law only requires showing the "possibility, not the inevitability" that someone will abscond.
The court found it was reasonable for judges to conclude Duterte has "the necessary political contacts" and benefits from "a network of supporters from the Philippines" who could help him evade trial.
"Access to international contacts could provide the means to enable a suspect to abscond, whether or not there was evidence that the suspect would actually utilize such contacts," the appeals chamber ruled.
The chamber noted that Duterte “appears to have the necessary political contacts as well as to benefit from a network of support within the Philippines," which was enough basis to consider there was real risk in temporarily freeing him.
To recall, the Pre-Trial Chamber I had based its decision to reject the interim release request based on several factors, including Duterte's non-recognition of the ICC's jurisdiction over his case.
Mentioned in this earlier ruling were statements by Duterte's family demanding his return to the Philippines, including public remarks by Vice President Sara Duterte about breaking him out of detention. It also noted that Duterte called his arrest "a pure and simple kidnapping" and that his family physically resisted when authorities took him into custody.
For the appeals chamber, the manner in which the Pre-Trial Chamber evaluated Duterte as a flight risk was correct and "case-specific," as it took into account "the specific circumstances of Duterte, amongst others, his position as former President of the Philippines and his recent re-election as Mayor of Davao City in May 2025."
The appeals chamber also noted the pre-trial chamber referenced five documents — including media articles, publications of non-governmental organizations and a book — which indicated Duterte's inclination to interfere with investigations. While one media article did not mention Duterte directly involved in briefing individuals, it did refer to statements of close associates telling individuals to remain loyal.
State guarantees insufficient
On the second ground of appeal, the defense argued the pre-trial chamber erred in rejecting guarantees proposed by an unnamed state willing to receive Duterte, along with conditions like electronic monitoring of the former president.
They also argued the former president's age and declining health should warrant release on humanitarian grounds.
The appeals chamber found the Pre-Trial Chamber I reasonably concluded "the risks it had identified could not be mitigated by the proposed conditions." Judges were not required to seek more information from the host country because they had already determined the risks were too great to allow any release.
"The defense failed to substantiate the pre-trial chamber's conclusions were unreasonable," the decision stated.
Humanitarian grounds not sufficient
On the third ground, the defense argued the pre-trial chamber failed to consider humanitarian grounds, citing Duterte's age of 80 and what they described as his infirm and debilitated condition.
The appeals chamber said the pre-trial chamber "did not refuse to address the question of interim release on humanitarian grounds." Rather, it found that humanitarian grounds "were not sufficiently set out in the case at hand."
The lower court "found the existence of risks under Article 58(1)(b) of the statute which were not mitigated by Mr. Duterte's purported condition, and also could not be mitigated by any condition imposed upon release."
What's next
Under ICC rules, decisions concerning a person's continued detention must be reviewed at least every 120 days. Duterte or prosecutors can request a review at any time. The pre-trial chamber may modify its detention ruling if circumstances require it.
With the interim release rejected by both the pre-trial and appeals chamber, the only question left in the Duterte case is whether or not he is fit to stand trial.
The assessment of Duterte's fitness to stand trial has been delayed by problems in constituting a medical panel. The ICC in September appointed a neurologist, forensic psychiatrist and neuropsychologist to examine him, but two experts have since been disqualified for various reasons based on their past conduct.
The court in mid-November submitted a new shortlist of six neuropsychologists to replace the disqualified expert. The reconstituted panel must submit its medical reports by December 5, with parties given until December 12 to respond. The pre-trial chamber will then decide whether to grant the defense's request for indefinite adjournment of proceedings.
Police say more than 6,000 people died in anti-drug operations under Duterte's presidency from 2016 to 2022. Human rights groups estimate the actual toll could be as high as 30,000, with many innocent civilians.
In a statement sent to the media, Duterte's family said they accept the decision with "peaceful hearts."
The Marcos administration was largely tight-lipped about the ICC Appeals Chamber's decision, saying in a statement through Palace Press Officer Claire Castro: "The International Criminal Court has already made its decision, and the Palace respects it."