ICC Appeals Chamber Prepares To Deliver Key Judgement On Duterte Interim Release
THE HAGUE, Netherlands—The Appeals Chamber of the International Criminal Court (ICC) is set to rule tomorrow, Friday, 28 November 2025, on the appeal filed by the legal team of former Philippine President Rodrigo Duterte for his temporary release from custody. The judgement is widely anticipated across the Philippines, where Mr. Duterte faces charges related to his deadly "War on Drugs."
The ruling will be delivered during an open court session at 10:30 a.m. local time in The Hague (5:30 p.m. in Manila).
Duterte has been held at an ICC facility since his arrest and transfer in March 2025 on charges of Crimes Against Humanity of Murder.
The Defence is appealing the September 2025 decision by Pre-Trial Chamber I, which originally denied the request for release. That Chamber ruled that continued detention was mandatory under the Rome Statute on three key grounds: to guarantee the former President’s (1) appearance at trial, (2) prevent potential obstruction of proceedings, and (3) stop the commission of further crimes.
Speaking to DZMM, Atty. Kristina Konti, the Assistant to Counsel representing the victims, scrutinised the Defence's arguments, which largely hinge on humanitarian grounds citing the former President’s purportedly "frail and deteriorating health."
Konti maintained that while humanitarian considerations exist, the core priority must remain the protection of the judicial process.
"For the victims, the centre of this trial remains justice. Any release, even if interim, must not compromise the delivery of justice. We insist that any conditions for release must be demonstrably restrictive and mitigate the inherent risk posed by the release, especially concerning the potential impact on witnesses," stated Atty. Konti.
The Appeals Chamber’s forthcoming judgement will determine the immediate future of the former President:
Appeal Dismissed: The Pre-Trial Chamber’s decision will be upheld, and Mr. Duterte will remain in continuous ICC custody in The Hague pending the confirmation of charges hearing.
Appeal Granted: Mr. Duterte may be ordered released temporarily. This release would likely be subject to extremely stringent conditions, possibly including placement in the custody of a third country, an option previously raised by his family.
Irrespective of the ruling, the decision is expected to have substantial legal and political repercussions in the Philippines as the country watches the international tribunal proceed with its high-profile case.
