Why the ICC rejected former Philippine president Duterte’s appeal for interim release

Dubai: The Appeals Chamber of the International Criminal Court (ICC) has rejected an appeal by former Philippine president Rodrigo Duterte seeking interim release, ruling that there were no new circumstances to justify letting him out of detention.

Judges have upheld an earlier decision by Pre-Trial Chamber I to keep Duterte in ICC custody while judges decide whether the case against him proceeds to trial.

“The Pre‑Trial Chamber found, inter alia, that there were no new or changed circumstances requiring the modification of its prior ruling on the existence of the risks under article 58(1)(b) of the Statute, and remanded Mr. Duterte in detention,” said the ICC.

Duterte’s lawyers have based their appeal on a single argument that the lower chamber had “disregarded a report” submitted by the defence about his health condition.

They have claimed that the judges have “erred in fact and in law, and abused its discretion” because it came from a party involved in the case. 

According to the defence, this affected the decision to keep Duterte in detention.

The Appeals Chamber has rejected the argument, saying the report did not contain any new or updated medical information about Duterte.

“The two medical practitioners selected by the defence did not conduct any new examination of Mr. Duterte,” stated the ICC.

While the court has acknowledged that expert medical reports can help judges understand the former president’s health condition, it has stressed that the assessment of the risk factors “is a legal determination to be made by the Pre-Trial Chamber that does not require any assistance of medical practitioners.”

Duterte is suspected of crimes against humanity, including murder and attempted murder, allegedly committed during his government’s anti-drug campaign in the Philippines.

Prosecutors have noted that the crimes were part of a widespread and systematic attack against civilians during the country’s controversial “war on drugs” between November 2011 and March 2019.

At the request of ICC prosecutors, judges have issued a secret arrest warrant for Duterte on March 7, 2025. It was made public a few days later on March 11, 2025.

On March 12, 2025, the former president has been surrendered to the ICC and has first appeared before the court on March 14, 2025.

Meanwhile, the confirmation of charges hearing has taken place from February 23 to 27 this year. Judges are expected to decide next whether the case moves forward.