The International Criminal Court Appeals Chamber on Friday unanimously denied former president Rodrigo Duterte’s petition for an interim release, upholding a previous ruling by the Pre-Trial Chamber I that declared the 80-year-old ex-leader a flight risk.

This indicates that Duterte will remain in ICC detention in The Hague, Netherlands, pending the confirmation of his murder charges, likely to be rescheduled in January. 

The Appeals Chamber, presided by Judge Luz del Carmen Ibáñez Carranza, handed down the decision in an open court, with only Duterte’s lawyer, Nicholas Kaufman, present on his behalf.

Duterte waived his right to personally appear before the court, with no explanation given, as indicated in a notification dated 27 November.

The proceeding was also streamed live on the ICC’s official website and social media pages, giving the public direct access.

The five judges of the Appeals Chamber concurred with Pre-Trial Chamber I that the three grounds under Article 58(1)(b) of the Rome Statute, which outline the need for a continued detention of an accused, were sufficiently met.

The decision effectively overturned the Pre-Trial Chamber I’s decision in October that declared Duterte’s detention “continues to remain necessary” to ensure that he will appear in the trial, and will not obstruct or endanger the ongoing investigation into his bloody drug war. 

An ICC detainee may apply for an interim release subject to the conditions set forth by the Rome Statute, the ICC’s founding treaty.  

This includes the assurance that the accused will appear at trial, will not obstruct or endanger the investigation, and will not reoffend against the alleged crimes he is facing before the court. 

Kaufman has petitioned the ICC to grant Duterte’s temporary release as early as June, citing, among others, his advanced age and debilitating health condition.

The British-Israeli lawyer assured the court that an unnamed country has already agreed to host Duterte, and that they will comply with any conditions the ICC may set to allow his immediate release.

In September, however, the ICC Pre-Trial Chamber I rejected the defense’s bid, maintaining that Duterte remains a flight risk and poses a threat to potential witnesses in his case. 

Another factor contributing to this is the Duterte camp’s continued non-recognition of the ICC’s jurisdiction and scathing remarks made by his children, including Vice President Sara Duterte, that he was kidnapped by the court. 

The Pre-Trial Chamber I also took into account the influence and power that Duterte’s children hold in government, which could enable the former president to possibly elude detention and prosecution. 

The Pre-Trial Chamber also rejected the defense’s argument that Duterte should be released for humanitarian reasons.

Duterte has been detained at Scheveningen Prison since his arrest on 11 March in Manila. He is facing three counts of murder for crimes against humanity over the alleged extrajudicial killings committed during his brutal campaign against illegal drugs, spanning his time as Davao City mayor and as president, which killed thousands, mostly from poor communities.

The defense argued that the Pre-Trial Chamber I erred in finding Duterte a flight risk, prompting an appeal to the Appeals Chamber. 

However, the Appeals Chamber ruled that the defense “failed to identify errors in the Pre-

Trial Chamber’s reasoning or to demonstrate that the Pre-Trial Chamber’s conclusions were unreasonable.” 

“The Appeals Chamber thus unanimously confirmed the Pre-Trial Chamber’s decision of 26 September 2025,” the statement reads.

Likewise, the Appeals Chamber also ruled that the defense fell short in substantiating the need for Duterte’s release and that the findings of the Pre-Trial Chamber to declare Duterte a flight risk were sufficiently established.

ICC prosecutors welcomed the decision, saying they will “continue to prepare for Mr. Duterte’s hearing on the confirmation of charges, once scheduled.”

Duterte was supposed to face the judges of the Pre-Trial Chamber I on 23 September for the confirmation of his murder charges, but it was postponed indefinitely following a petition by the defense declaring the former leader “unfit to stand trial.”

Recently, the ICC Pre-Trial Chamber I appointed a new medical expert, who will join the panel of doctors tasked with determining whether Duterte is still fit to stand trial. A report on Duterte's fitness is expected to be released by 5 December.

ICC prosecutors and the legal team representing the drug war victims have strongly objected to the petition, arguing that the diagnosis does not suffice as justification for Duterte’s temporary release, unless it’s a “life-threatening” medical condition. 

Meanwhile, the drug war victims of the drug war, Kristina Conti—ICC assistant to counsel—is adamant that this will not obstruct the case's progress, regardless of the ruling, though she believes it’s best to keep Duterte in detention to ensure the case proceeds without interruption.