ICC Rejects Duterte Appeal for Interim Release

Manila: The International Criminal Court (ICC) Appeals Chamber has denied former President Rodrigo Duterte's appeal to overturn an earlier ICC Pre-Trial Chamber I ruling, rejecting his request for interim release. In a public hearing on Friday, Presiding Judge Luz del Carmen Iba±ez Carranza stated that Duterte's defense had not successfully demonstrated an error in the Pre-Trial Chamber I's determination that he poses a flight risk.

According to Philippines News Agency, Duterte's legal team had presented three grounds for appeal. They argued that the Pre-Trial Chamber had erroneously concluded he poses a risk under the Rome Statute, improperly rejected guarantees proposed by the state willing to receive him, and failed to consider humanitarian factors in assessing his right to interim release. However, the Appeals Chamber, comprising Carranza, Judge Tomoko Akane, Judge Solomy Balungi Bossa, Judge Gocha Lordkipanidze, and Judge Erdenebalsuren Damdin, rejected all three arguments and unanimously confirmed the pre-trial chamber's earlier ruling.

In its 23-page decision released on Oct. 10, Pre-Trial Chamber I highlighted the Duterte family's public rejection of his arrest, their calls for his immediate return to the Philippines, and his wish to return to Davao City if released. These factors, the chamber stated, demonstrate his rejection of the proceedings and his family's willingness to assist him in evading detention and prosecution. The appeals court noted that the pre-trial chamber's conclusions were based on a comprehensive assessment of the risks outlined in Article 58(1)(b) of the Rome Statute.

Carranza mentioned that the chamber's decision was informed by various documents, including media articles, NGO publications, and books, which indicated Duterte's inclination to interfere with investigations against him. Duterte faces multiple charges, including several murders and attempted murders, as crimes against humanity related to his drug war during his presidency and his tenure as the mayor of Davao City.

Before the hearing, Duterte waived his right to be present and remains in ICC custody. His initial appearance before the international court occurred on March 14, 2025, following his arrest. On Sept. 8, the Pre-Trial Chamber I postponed the commencement of the confirmation hearing, initially scheduled to start on Sept. 23.

Meanwhile, Palace Press Officer Claire Castro stated that Malaca±ang respects the ICC's decision rejecting the former president's appeal for interim release. "The International Criminal Court has already made its decision, and the Palace respects it," Castro said in a text message to Palace reporters when asked for a reaction.