The International Criminal Court’s (ICC) Appeals Chamber has unanimously upheld a ruling denying former president Rodrigo Duterte’s request for interim release, finding no legal or factual error in the assessment that his continued detention remains necessary while his crimes-against-humanity case proceeds.

In a judgment delivered in open court on November 28, 2025, the Appeals Chamber confirmed the September 26, 2025 decision of Pre-Trial Chamber I rejecting Duterte’s bid for interim release, concluding that the defense failed to demonstrate flaws in the lower chamber’s reasoning on flight risk, obstruction of proceedings, and humanitarian grounds.

With the Appeals Chamber’s ruling, Duterte will remain in detention as the case moves forward, subject to periodic review under the Rome Statute.

Risks of release upheld

The Appeals Chamber rejected all three grounds raised by the defense, which argued that the Pre-Trial Chamber erred in finding risks under Article 58(1)(b) of the Rome Statute, improperly dismissed state guarantees for his release, and failed to properly consider humanitarian factors.

In its ruling, the Appeals Chamber held that the Pre-Trial Chamber’s conclusions were reached through a “comprehensive assessment of the information before it,” and 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 decision of Pre-Trial Chamber I entitled ‘Decision on the Defence’s ‘Urgent Request for Interim Release’ and ‘Renewed Request for Interim Release’ … is confirmed,” the judgment states.

The Appeals Chamber emphasized that interim release decisions hinge on whether detention “appears necessary,” stressing that the standard concerns the possibility, not the certainty, of future risks.

“A determination shall be made concerning the possibility, and not the inevitability, that one of the events listed in article 58(1)(b) of the Statute will occur,” the chamber noted, underscoring established ICC jurisprudence.

Flight, interference, and continued risk

The judges agreed with the Pre-Trial Chamber that Duterte poses risks of absconding, obstructing proceedings, and potentially continuing criminal conduct if released.

In evaluating flight risk, the court pointed to Duterte’s political stature, ongoing support network, and access to influential allies. The Pre-Trial Chamber, whose reasoning was upheld on appeal, found that Duterte “appears to have the necessary political contacts, as well as to benefit from a network of support,” factors that could facilitate evasion of ICC jurisdiction.

The Appeals Chamber ruled that reliance on Duterte’s support base was neither speculative nor formulaic, noting that ICC jurisprudence recognizes political backing and international contacts as relevant considerations in assessing flight risk.

The court also upheld reliance on the gravity of the charges and the potential for a lengthy sentence, reiterating that such factors may increase a suspect’s incentive to flee.

“The gravity of the alleged crimes, and the concomitant sentence that may be imposed upon conviction, are relevant considerations in assessing the risk that a person may not appear at trial,” the judgment stated.

Humanitarian plea rejected

The Appeals Chamber likewise dismissed the defense’s argument that Duterte should be released on humanitarian grounds, affirming the Pre-Trial Chamber’s finding that medical and humanitarian considerations presented by the defense did not outweigh the risks identified.

It noted that medical reports cited by the defense did not demonstrate how Duterte’s condition would “negate the identified risks,” and that humanitarian factors alone could not justify interim release in the absence of changed circumstances.

Duterte, who was taken into custody and brought to The Hague on March 12, 2025, is facing charges of crimes against humanity as an indirect co-perpetrator for murder and attempted murder allegedly committed through extrajudicial killings linked to his anti-drug campaign during his term as Davao City mayor and later as president, from November 1, 2011 until March 16, 2019, when the Philippines’ withdrawal from the ICC took effect.

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