MANILA – The Appeals Chamber of the International Criminal Court (ICC) will issue its ruling on November 28 regarding former President Rodrigo Duterte’s appeal challenging the tribunal’s refusal to grant him interim release.
The court confirmed the schedule weeks after Duterte’s camp — through his lawyer Nicholas Kaufman — questioned the ICC Pre-Trial Chamber’s September 26 ruling that denied the request.
Duterte is currently detained while facing charges of crimes against humanity for murder and attempted murder.
In the appeal submitted on October 14, Kaufman argued that the pre-trial chamber committed several errors when it declined to release the former president.
He said the chamber incorrectly assessed Duterte’s supposed flight risk, dismissed assurances from states willing to receive him, and failed to weigh humanitarian concerns.
The appeal stressed Duterte’s condition, stating: “Mr. Duterte is 80 years old, infirm, and debilitated. It is, quite simply, cruel to detain him while he enjoys the presumption of innocence. A court of law set up to address the crimes of ultimate concern to humanity may also show compassion.”
It also said the former chief executive had no intention or ability to escape or return to political life, adding: “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.”
According to the filing, Duterte has agreed to what his legal team described as the strictest release conditions ever proposed before the ICC.
The appeal urged the chamber to overturn the decision and order Duterte’s release into the custody of a state party that has “expressed its keen desire to receive him.”
In its earlier decision, the Pre-Trial Chamber cited concerns about ensuring Duterte’s presence at trial. It noted that Duterte had previously described his arrest and detention as “a pure and simple kidnapping,” and highlighted how his relatives reacted to the situation.
The chamber observed: “In addition, his family not only physically resisted, but also publicly voiced criticism regarding his arrest and detention, and demanded that he should be brought back to the Philippines.”
It further referenced a July 19, 2025 incident involving Duterte’s daughter, pointing out: “More specifically, the Chamber notes that, on 19 July 2025 Mr. Duterte’s daughter mentioned in public speeches the idea of breaking Mr. Duterte out of the ICC Detention Centre, and attempted to delegitimize the Court’s proceedings… citing collusion between the Court and the government of the Philippines as well as the use of ‘fake witnesses.’”
The ICC will issue its ruling later this month, determining whether Duterte will remain in detention pending the progression of the case./PN
