How to watch the ICC's interim release ruling on Rodrigo Duterte on Nov. 28
The International Criminal Court in The Hague, Netherlands, will announce its decision regarding former president Rodrigo Duterte's interim release appeal on Friday, Nov. 28, 5:30 p.m. (Philippine Time).
The tribunal will confirm whether the Duterte camp's request for an interim release is still denied, or it will overturn its earlier ruling and order conditions for his interim release.
The proceedings will be livestreamed on the ICC website and Facebook page in English and French, and on its official YouTube channel.
On Sept. 26, Pre-Trial Chamber I rejected the Defence’s requests for interim release, saying that the former president "continues to pose a flight risk," citing reasons that he doesn't recognize the legitimacy of the legal proceedings that he is subject to before the Court, and his ongoing political influence and network of supporters—including his daughter, Vice President Sara Duterte, and his election as Davao City mayor—as evidence of that continued support.
They also mentioned instances where his family "publicly voiced criticism regarding his arrest and detention" and that Sara had this "idea of breaking Mr Duterte out of the ICC Detention Centre."
"The foregoing illustrates Mr Duterte’s rejection of the proceedings against him before the Court, and the will of his close family to help him elude detention and prosecution," they explained.
The ICC believes that if granted the release, the former president "would pose a threat to (potential) witnesses, either directly or indirectly through his supporters."
Duterte waives appearance
Duterte first appeared in the proceedings on March 14 via video link with the Chamber’s approval. He, however, is set to skip the Nov. 28 ruling.
His counsel, Nicholas Kaufman, informed the chamber through a filing submitted on Nov. 27 that his client has signed a waiver indicating Duterte will be skipping the pronouncement of judgment at the Appeals Court. ICC has confirmed that Kaufman will be representing Duterte in court.
"I, Rodrigo Roa Duterte, respectfully waive my right to appear before the Appeals Chamber on 28 November 2025 at 10:30 and, consequently, instruct my lawyers to hear the judgment that will be rendered on my appeal against Pre-Trial Chamber I's decision on interim release - ICC-01/21-01/25-282," read Duterte's signed waiver, dated Nov. 25.
What to expect
ICC Assistant to Counsel, Atty. Kristina Conti, shared what we can expect from the upcoming ruling.
According to her, it will be presided by Judge Luz Del Carmen Ibañez, with Mame Mandiaye Niang serving as the lead prosecutor.
She noted that ICC prosecutor Karim Khan will no longer be there as he was disqualified from participating in the case in October due to a possible conflict of interest.
"May haharap para sa interes ng mga biktima, ang Office of the Public Counsel for Victims, habang hindi pa napipinal ang actual victims na magpa-participate sa kaso," Conti said.
She stressed that the ruling will have no effect on the main case. "Nasa loob man o labas ng ICC detention facility si Duterte, pwede namang magtuloy-tuloy ang mga hearing—kung sakaling makuha na ang go signal matapos pagpasyahan ang iba pang mga request ni Duterte. Pero malaking bagay na nasa loob si Duterte para tuloy-tuloy ang kaso."
How to attend
Members of the diplomatic corps, NGOs, and journalists may attend the hearing in person, provided that they:
- Request attendance via email to ICCVisits@icc-cpi.int by Nov. 25.
- Present a valid passport or photo ID at the main entrance of the Court (Oude Waalsdorperweg 10, 2597 AK The Hague).
- Request accreditation for coverage via email to PublicAffairs.Unit@icc-cpi.int by Nov. 25.
- Journalists must also present a valid press card in addition to a valid passport or photo ID at the Court’s main entrance.
The public may also attend on a first-come, first-served basis.
Duterte's ICC arrest
The former president 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."
Specifically, he was allegedly involved in the murder of at least 19 persons reported to be drug pushers or thieves who were killed by members of the Davao Death Squad in various locations in or around Davao City between 2011 and 2016, as well as the murder of at least 24 alleged criminals who were killed by or under the supervision of members of the Philippines law enforcement at various locations in the country between 2016 and 2019 during his term as president.
He could be the first Asian former head of state to be indicted by the ICC.
If the charges against him are confirmed during his pre-trial hearing, it could take months before the case eventually goes on trial. A final judgment may be rendered after years.
