ICC Appeals Chamber Denies Duterte’s Bid for Interim Release

The International Criminal Court (ICC) Appeals Chamber has rejected the appeal for interim release filed on behalf of former Philippine President Rodrigo Duterte, delivering a unanimous ruling that dismisses all three grounds of appealraised by his defense team.

In its decision, the Appeals Chamber held that the arguments presented by Duterte’s counsel failed to meet the legal threshold required to justify provisional release under the Rome Statute. The Chamber emphasized that the appellant did not demonstrate any compelling humanitarian, procedural, or jurisdictional basis that would warrant an exception to continued detention while proceedings remain ongoing.

Although the full reasoning of the ruling has yet to be publicly released, the Chamber made clear that the appeal lacked merit, affirming that the original decision of the Pre-Trial Chamber complied with ICC procedural rules and standards of judicial review. The unanimous nature of the ruling underscores the Appeals Chamber’s position that no error of law, fact, or procedure was committed in the earlier denial of release.

Counsel for Duterte has consistently argued that the ICC has no jurisdiction over the Philippines following its withdrawal from the Rome Statute, and that acts committed during his term fall outside the Court’s authority. However, the ICC has repeatedly held in prior decisions that it retains jurisdiction over alleged crimes committed while the Philippines was still a State Party, and that withdrawal does not extinguish the Court’s authority over pending matters.

Duterte’s legal team has not yet issued a formal response to the latest ruling, but observers expect renewed challenges to the ICC’s jurisdiction and mandate.

For now, the Appeals Chamber’s decision stands:interim release is denied, the appeal is dismissed in full, and the proceedings will continue.