ICC rejects Duterte appeal for interim release
The International Criminal Court (ICC) Appeals Chamber has rejected former President Rodrigo Duterte's appeal for interim release, upholding the Pre-Trial Chamber I's decision to keep him in detention in the Netherlands due to flight risk concerns.
The International Criminal Court (ICC) Appeals Chamber unanimously rejected former Philippine President Rodrigo Duterte's appeal for interim release on March 6, 2026, upholding the Pre-Trial Chamber I's January 26, 2026 decision to keep him in detention. The five-judge Appeals Chamber confirmed that Duterte must remain in custody at the ICC's detention facility in The Hague, Netherlands, due to flight risk concerns. Duterte has been detained at the ICC since March 12, 2025, while awaiting trial for alleged crimes against humanity related to his administration's war on drugs during his tenure as Davao City mayor and Philippine president.
The defense team argued that the Pre-Trial Chamber erred in fact and law by disregarding health reports about Duterte's medical condition, which they claimed warranted his release. However, the Appeals Chamber found that the defense "failed to establish any errors" in the Pre-Trial Chamber's reliance on updated medical information from a Panel of Experts. The court determined that the flight risk assessment remained valid, particularly given Duterte's high-profile status and the gravity of the charges against him.
This decision came shortly after the conclusion of confirmation of charges hearings held from February 23-27, 2026, where ICC judges assessed whether there was sufficient evidence to proceed to a full trial. Duterte, now 80 years old, waived his right to attend the annual review hearing of his detention on February 23, 2026, signaling through his legal team that he would not participate in the proceedings.
The case stems from the ICC's investigation into alleged crimes against humanity committed during Duterte's war on drugs, which resulted in thousands of deaths. The Philippine government under President Ferdinand Marcos Jr. has maintained its position of non-cooperation with the ICC, asserting that the country's judicial system is capable of handling the cases. However, the ICC has proceeded with its proceedings, citing the court's jurisdiction over crimes committed while the Philippines was still a member state of the Rome Statute before its withdrawal took effect in March 2019.
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