Duterte faces Christmas cold and alone

Former President Rodrigo Duterte is likely to spend Christmas without family visits as the International Criminal Court detention center, where he is currently held on charges of crimes against humanity, will observe an official holiday shutdown from 25 to 26 December.

According to the ICC website, the tribunal will be on judicial recess from 12 December to 5 January, suspending court proceedings during the period. The ICC also lists 25 and 26 December as official holidays, which may restrict visitation schedules.

Duterte’s lead counsel, Nicholas Kaufman, said their camp has asked the court to allow the former president to spend Christmas with his family, though the prospects are uncertain.

“On Christmas Day and Boxing Day, these are official court holidays, so no visits are allowed at all,” Kaufman said in a GMA News report. “We will try to change that because we believe the former president should be with his family. We will fight for that... but I can’t be too optimistic.”

ICC detainees are entitled to receive visits and to practice their religion, but regular visitation rules do not apply during court holidays.

Last week, the ICC Appeals Chamber rejected Duterte’s request for temporary release pending his confirmation of charges hearing.

The chamber affirmed a September ruling that Duterte’s continued detention was necessary to ensure that he appears at trial and does not obstruct or endanger the ongoing investigation into his bloody drug war.

Kaufman had argued that the grounds under Article 58(1)(b) of the Rome Statute — such as flight risk and obstruction — were not satisfied, but the Appeals Chamber disagreed. The decision was final.

This leaves Duterte’s defense with only one remaining path: presenting new compelling grounds, possibly tied to his supposed deteriorating health.

Duterte’s lawyers claim the 80-year-old is suffering from cognitive deficiencies that prevent him from assisting in his defense.

The ICC Pre-Trial Chamber has ordered a medical panel to assess whether Duterte is fit to stand trial.

The report is expected on 5 December. The confirmation of charges hearing — already paused — may be moved to February.

Duterte was arrested on 11 March 2025 in Manila and flown to The Hague the same day. He faces three counts of murder for crimes against humanity over police killings during his anti-drug campaign, which left thousands dead, mostly from poor communities.