ICC To Deliver Decision On Plea To Release Duterte In Open Court On Nov 28, 2025

THE HAGUE—In another development of the appeal of the lawyers of former Philippine president Duterte on his temporary release, the International Criminal Court (ICC) has announced that it will render judgment in an open court on Friday, November 28, 2025 at 10:30am.

While normally decisions on petitions and appeals are done only through publication of documents or issued in written form only, this announcement is not surprising. It is a standard and accepted practice at the ICC to announce major rulings — particularly those involving detention, release, or reparations — in open hearings. This aligns with the Court’s commitment to transparency and the rights of all parties.

The appeals chamber is composed of Judge Luz del Carmen Ibáñez Carranza, ICC Presiding Judge Tomoko Akane, Judge Solomy Balungi Bossa, Judge Gocha Lordkipanidze and Judge Erdenebalsuren Damdin.

Decision on interim release

In the decision dated October 10, 2025 (see https://www.icccpi.int/.../CourtRec.../0902ebd180cbe5dd.pdf), the ICC Chamber 1 (composed of Judge Iulia Antoanella Motoc, Presiding; Judge Reine Adélaïde Sophie Alapini Gansou; and Judge María del Socorro Flores Liera) found Duterte’s detention necessary, citing article 60(2) of the Rome Statute, which allows a person subject to an arrest warrant to apply for interim release pending trial.

The Pre-Trial Chamber must decide whether to grant release, with or without conditions, by assessing if the conditions for continuing detention under Article 58(1) are met.

The conditions include 1) to ensure the person's appearance at trial; 2) To prevent the person from obstructing or endangering the investigation or court proceedings and 3) To prevent the person from continuing the commission of a crime or a related crime.

According to the decision on October 10, 2025, the conditions cannot be met considering that Duterte still wields considerable influence that can put the life of the victims, families of victims and witnesses in danger.

Duterte’s lawyers in their urgent request to release their client asserted that the continued pre-trial detention of their client is unnecessary. According to the defense, “he does not pose an objective risk of flight considering (i) his physiological and psychological health conditions; (ii) the fear to embarrass his hosts; (iii) the ease with which he would be found and returned to the Court for he is one of the most recognised political figures in the world; (iv) his commitment to returning for trial when ordered…”

The defence further argued that Duterte agreed to restrictions and that there ‘no real or concrete risks exist’ that he will continue to commit crimes, adding that he “will be residing well outside the geographic scope of the alleged crimes’, which is the Philippines.

The defense also used humanitarian grounds for the 80-year old former president, which militate in favour of his interim release, arguing that he should be placed in a “stable and suitable environment.”

Opposition

Both the ICC Prosecution and the Office of Public Counsel for Victims (OPCV) as well as Filipino lawyers representing the victims and their families opposed the urgent request for interim release. The Prosecution said that Duterte’s continued detention is deemed necessary to ensure his trial appearance, prevent obstruction of investigations, and avert further crimes, given his rejection of the Court’s legitimacy, political influence, financial means, history of interference, and stated intent to escalate killings.

“Mr Duterte does not accept the legitimacy of the legal proceedings he is subject to before the Court’, as demonstrated by his resistance to his arrest and the claims that he has been kidnapped by the Court”, the Prosecution argued.

The prosecution also said that “Duterte has maintained a ‘political position and international contacts’ that may contribute to his ability to abscond; his potential access to significant financial resources that would enable him to abscond.”

“There is a “possible opportunity to intimidate or threaten witnesses either directly or indirectly, through his associates or his family members’ and ‘a repeated history of Mr Duterte interfering with investigations against him” the Prosecution argued, adding that “his detention is necessary considering that ‘Mr Duterte has reportedly previously…pledged to “double” the killings the “moment I return.”

In September, Vice President Sara Duterte revealed that a third country, whose identity remains undisclosed, had agreed to host her father should the ICC approve his interim release. Duterte was taken into custody in Manila on March 11, 2025 under an ICC warrant and immediately transferred to The Hague. He faces charges of crimes against humanity, accused of responsibility for thousands of deaths linked to his anti-drug campaign between 2016 and 2022.

The ICC has also ruled on its jurisdiction in the Philippines for the alleged crimes committed between November 1, 2011 to March 16, 2019 even if the country already withdrew as a member-state. The Philippines’ withdrawal of the Rome Statute took effect on March 17, 2019, one year after the country gave notification of withdrawal.