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ICC rejects first and second grounds for Duterte's interim release appeal

Published Nov 28, 2025 6:33 pm Updated Nov 28, 2025 7:24 pm

The International Criminal Court on Friday rejected a request by former Philippines president Rodrigo Duterte to be released from detention ahead of his trial on crimes against humanity during his war on drugs.

Presiding judge Luz del Carmen Ibanez Carranza told a hearing that lawyers for the 80-year-old had not laid out strong enough precautions to warrant a temporary release from custody in The Hague, where the court is based. 

Duterte's lawyers, appealing against an earlier refusal, had called for a "humanitarian" parole because of the state of his health.

The judge said "the conditions for release proposed were not sufficient to mitigate the risks it found in relation to Mr Duterte's interim release".

The court also "rejected the defence's argument that Mr Duterte should be released for humanitarian reasons".

Duterte, who was president from 2016 to 2022, was detained in Manila on March 11 and taken to the ICC prison at Scheveningen, near The Hague. He appeared very weak, barely speaking, when he made his first court appearance by video.

The charges against Duterte have been made over the campaign against drug traffickers and consumers during his presidency that rights groups say left thousands dead.

The court is yet to give a ruling on whether Duterte is fit to stand trial. A ruling in October rejected claims by his defence that the ICC was not competent to judge Duterte on three charges of crimes against humanity.

One charge concerns 19 murders committed between 2013 and 2016, when Duterte was mayor of Davao City. A second relates to 14 killings of alleged drug bosses in 2016 and 2017, when he was president. The third covers 43 killings of suspected low-level drug users or dealers.

Reactions to the decision

The ICC's decision swiftly drew reactions online, notably from former senator Antonio Trillanes who tweeted: "Ngayon na natuldukan na yang interim release na yan, sana ay wag nang magpaasa ang leaders ng duterte camp sa mga supporters nila. Di na makakalaya si duterte bilang kabayaran sa libu-libong Pilipinong pinapatay nya."

Human rights lawyer Jesus Falcis wrote on X: "It's final—walang uuwi."

Meanwhile, the Duterte family has released a statement saying, "The family accepts the ICC Appeals Chamber's decision with peaceful hearts. 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."

In its earlier rejection of the Defense's request for interim release, the Pre-Trial Chamber said Duterte "continues to pose a flight risk." It cited the former president's continued political influence in the Philippines, as evidenced by his election as Davao City mayor and his daughter Vice President Sara Duterte's network of followers. 

The court also mentioned how the Duterte family "publicly voiced criticism regarding his arrest and detention." Additionally, it learned of Sara voicing her "idea of breaking Mr. Duterte our of the ICC Detention Centre."

Duterte has been at the ICC since March 12.

He was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.

He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Rome Statute." (with reports from AFP)