The International Criminal Court (ICC) has rejected former President Rodrigo Duterte’s appeal for interim release, keeping him behind bars in The Hague as he faces trial for alleged crimes against humanity linked to his bloody war on drugs.

The Appeals Chamber on Friday upheld the September ruling of Pre-Trial Chamber I, which dismissed Duterte’s request for temporary freedom, citing multiple risks that could obstruct justice. Presiding Judge Luz del Carmen Ibáñez Carranza read the unanimous decision in open court.

“After examining the arguments raised in the appeal brief, the Appeals Chamber found that the Defence failed to identify errors in the Pre-Trial Chamber’s reasoning or to demonstrate that the Pre-Trial Chamber’s conclusions were unreasonable,” the ICC said in a separate statement.

Appeals Chamber Rejected Three Grounds for Release

The Appeals Chamber rejected all three grounds of appeal put forward by Duterte’s defense team. These included claims that the Pre-Trial Chamber:

• “Erroneously found that Duterte poses a risk under Article 58(1)(b) of the Rome Statute”;
• “Erred in its rejection of the guarantees proposed by the State willing to receive him”; and
• “Erred in law by failing to take into account humanitarian considerations in assessing the right to interim release.”

These three grounds were rejected by the Appeals Chamber, composed of Presiding Judge Luz del Carmen Ibáñez Carranza, Judge Tomoko Akane, Judge Solomy Balungi Bossa, Judge Gocha Lordkipanidze, and Judge Erdenebalsuren Damdin.

“The Appeals Chamber notes that the Pre-Trial Chamber reached its conclusions in relation to the risks enumerated in Article 58(1)(b) of the Statute on the basis of a comprehensive assessment of the information before it,” the court said.

Defense to “Again Reintroduce” Plea for Release

Duterte’s lawyer, Nicholas Kaufman, who appeared in court on behalf of the former president, said the defense would reintroduce its plea once the results of Duterte’s medical evaluation are available next month.

“The defense, which is awaiting the results of the medical evaluation on the former president due next month, would reintroduce its interim release plea for Duterte, who is 80 years old and, as a result of debilitating physical conditions and cognitive issues, is incapable of flight or, as alleged, threats to witnesses,” Kaufman said.

He also noted, “The ICC Appeals Chamber has never affirmed the interim release of a person charged with crimes against humanity.”

The defense lawyer added that under ICC Rule 118, the Pre-Trial Chamber must review a detainee’s status every 120 days and hold at least one hearing per year, leaving room for the defense to raise the issue periodically.

However, Gilbert Andres, an ICC-listed lawyer, warned that drug war victims would continue opposing any fresh attempts by Duterte to gain provisional release.

Malacañang, Duterte Family Respect ICC Decision

Malacañang, through Palace Press Officer Claire Castro, issued a brief statement respecting the court’s ruling: “The International Criminal Court has already made its decision, and the Palace respects it.”

Meanwhile, the Duterte family, in a statement, accepted the ruling. “We will continue to work with the defense team on the case and will keep supporting Former President Rodrigo Duterte with our daily conversations. We thank everyone who prayed with us today,” it said.

Pre-Trial Chamber Rejected Appeal Last September

The Pre-Trial Chamber had originally rejected Duterte’s request in September, citing the need to ensure his appearance at trial and prevent obstruction of justice.

“Obstructing or endangering the investigation remained at the time and temporary liberty could pose a threat to potential witnesses,” the court said. It also cited claims of alleged “kidnapping” by Duterte’s family following his March arrest, which illustrated a “rejection of the proceedings against him before the Court, and the will of his close family to help him elude detention and prosecution.”

Duterte, 80, has been detained at Scheveningen Prison in The Hague for nearly nine months after the Marcos government surrendered him to the ICC in March. He faces charges of crimes against humanity, including murder, linked to his war on drugs and alleged Davao Death Squad activities. Official figures cite more than 6,000 killings, though human rights groups estimate the toll could be as high as 30,000.

The ICC Office of the Prosecutor has said it will continue preparing for the confirmation of charges hearing, which had been postponed indefinitely at Duterte’s request on the grounds of medical unfitness. During this hearing, judges examine whether sufficient evidence exists for the case to proceed to trial.

The Pre-Trial Chamber announced on November 14 that medical experts have been chosen to assess Duterte’s fitness to stand trial, with a report due by December 5.

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