Duterte case: ICC Appeals Chamber confirms the decision rejecting the request for interim release

ICC Appeals Chamber Upholds Denial of Duterte’s Interim Release

On 28 November 2025, the Appeals Chamber of the International Criminal Court (ICC) publicly delivered its judgment regarding the case against the former President of the Philippines, Rodrigo Duterte. The Chamber upheld the earlier decision rejecting Duterte’s request for interim release during ongoing proceedings.

Judgment Overview

The Appeals Chamber confirmed that the lower Pre-Trial Chamber had acted correctly in refusing interim release. The judges stated that the conditions for temporary release, as set out under the Rome Statute, were not met. The Court underscored that detention remains necessary to ensure Duterte’s appearance, prevent interference with witnesses, and safeguard the integrity of the investigations.

Legal Context

Under Article 60(3) of the Rome Statute, any detained person may seek interim release if circumstances change. The Chamber concluded that no new circumstances justified altering Duterte’s status. It also reaffirmed that security concerns and the gravity of the alleged crimes warranted continued detention.

“The Appeals Chamber finds no error in the Pre-Trial Chamber’s legal reasoning or factual assessment,” the judges stated during the hearing.

Background of the Case

The ICC opened investigations into alleged crimes committed during the Philippines’ anti-drug campaign under Duterte’s administration. The inquiry centers on accusations of crimes against humanity related to extrajudicial killings carried out between 2016 and 2022. Duterte has denied wrongdoing and challenged the ICC’s jurisdiction.

Author’s summary: The ICC Appeals Chamber affirmed that Rodrigo Duterte must remain in custody, ruling that no new factors justify his temporary release amid ongoing proceedings.

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| International Criminal Court | International Criminal Court — 2025-11-28

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