By Peter.
The International Criminal Court (ICC) Appeals Chamber unanimously rejected former Philippine President Rodrigo Duterte’s request for interim release on Friday, November 28, 2025, upholding the Pre-Trial Chamber’s decision that his detention is necessary due to flight risks and potential interference with the trial. Duterte, 80, waived his right to attend the hearing in The Hague, where he has been detained since his March 2025 arrest in Manila.
The Appeal and Ruling
Duterte’s defense, led by Nicholas Kaufman, sought “humanitarian” release citing his age, declining health, and Philippines’ guarantees against flight. They argued the Pre-Trial Chamber erred in assessing risks, relying on “hypothetical” threats like media reports and his 2025 Davao mayoral win (where he vowed “double the killings”).
Presiding Judge Luz del Carmen Ibáñez Carranza ruled the conditions (e.g., state guarantees) were “not sufficient to mitigate risks,” rejecting all three appeal grounds and humanitarian arguments. The ICC confirmed Duterte’s fitness for trial in October 2025, rejecting incompetence claims.
Charges: Crimes Against Humanity in Drug War
Duterte faces three counts for orchestrating extrajudicial killings during his 2016–2022 presidency and earlier Davao mayoralty (2011–2016):
- 19 murders (2013–2016, Davao).
- 14 killings of drug bosses (2016–2017).
- 43 deaths of low-level users/dealers (unspecified dates).
The ICC alleges Duterte created death squads, with 6,200–30,000 deaths in his drug war. Philippines withdrew from the ICC in 2019 (effective 2020), but the court retains jurisdiction for pre-withdrawal crimes. Duterte appeared frail in his March 2025 video arraignment.
Reactions: Victim Families Celebrate, Government “Respects” Ruling
Families of drug war victims, watching via livestream in Manila, erupted in cheers. Dahlia Cuartero, whose son Jesus would turn 33 on November 29, called it “the best birthday gift for him.” Sheerah Escudero, whose brother died in 2017, said: “The trial must go on… until it is proven that Duterte is guilty.” Rights groups hailed it as a victory for accountability.
Philippine President Ferdinand Marcos Jr.‘s spokesperson said the government “respects” the ruling, despite Duterte’s daughter Sara Duterte (Vice President) criticizing Marcos for allowing his arrest. The Duterte family accepted it “with peaceful hearts,” vowing to continue legal efforts.
Duterte’s defense can refile for release; confirmation of charges hearing is pending. The case tests the ICC’s reach post-withdrawal and Duterte’s enduring influence.
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