ICC: Duterte to remain in detention
The International Criminal Court’s Appeals Chamber unanimously rejected former President Rodrigo Duterte's appeal for temporary release, confirming his continued detention.
On November 28, 2025, the International Criminal Court's Appeals Chamber unanimously rejected former Philippine President Rodrigo Duterte's appeal for interim release, confirming his continued detention at The Hague. The five-judge panel, presided over by Judge Luz del Carmen Ibáñez Carranza, upheld the Pre-Trial Chamber I's September 26, 2025 decision that found detention necessary under Article 58(1)(b) of the Rome Statute to prevent flight risks and potential interference with proceedings. Duterte, who was arrested on March 12, 2025 based on an ICC warrant for crimes against humanity related to extrajudicial killings during his war on drugs, waived his right to attend the open-court hearing through his lawyer Nicholas Kaufman.
The Appeals Chamber dismissed all three grounds of appeal raised by Duterte's defense team. First, it rejected claims that the Pre-Trial Chamber erred in assessing flight risk, noting Duterte's political network in the Philippines despite his age (80) and medical condition. Second, it found proposed release conditions and state guarantees insufficient to mitigate risks. Third, it determined that humanitarian considerations, including health concerns, did not outweigh the necessity of detention. The judges emphasized that Duterte's family statements, particularly those from Vice President Sara Duterte about facilitating escape, and his political connections created substantial flight risks.
Duterte faces 49 counts of murder and attempted murder as crimes against humanity, stemming from his alleged role in extrajudicial killings both as Davao City mayor (2011-2016) and as Philippine president (2016-2019). Official figures indicate over 6,000 deaths during his drug war, though human rights groups estimate the toll exceeds 30,000. The ICC investigation was authorized in 2021 after preliminary examinations, with the Philippines having withdrawn from the Rome Statute in 2019 but the Court retaining jurisdiction over crimes committed before the withdrawal took effect.
The ruling came after Duterte's defense had sought interim release citing health concerns and humanitarian grounds. However, the Appeals Chamber found no legal errors in the Pre-Trial Chamber's thorough reasoning. Philippine news sources including ABS-CBN, Philstar, and The Manila Times reported the outcome, with Duterte's family reportedly accepting the decision peacefully while expressing continued support. The next major procedural step is the confirmation of charges hearing, which had been previously delayed due to health issues but remains scheduled as the prosecution prepares its case against the former president.
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