Duterte appeals ICC ruling denying interim release

Metro Manila, Philippines - Former President Rodrigo Duterte’s legal team has filed an appeal before the International Criminal Court (ICC) Appeals Chamber, seeking to overturn a ruling denying his request for interim release.

In a statement to NewsWatch Plus, Duterte’s lead counsel, Nicholas Kaufman, confirmed the appeal was lodged more than a week ago following the ICC Pre-Trial Chamber’s decision maintaining the former president’s detention.

“Were this a conventional domestic court — with more than one active first instance case in its docket — I believe that there would have been no hesitation to release an 80-year-old sick and weak man,” Kaufman said.

“But this is a Court where civil society activist lawyers masquerading as victims’ representatives have free reign to accuse the former President’s supporters of judicial trolling, to lambast Defence submissions and to file frivolous petitions to sanction counsel,” he added.

The ICC’s 23-page ruling, dated Sept. 26 but made public on Oct. 10, said Duterte’s continued detention was necessary to ensure he appears at trial and does not obstruct or endanger the proceedings. The court cited the former leader’s political influence, family connections, and statements rejecting the court’s authority as indicators of flight risk.

Judges said Duterte “continues to remain necessary under Article 60(2) of the Statute based on each of the requirements set by Article 58(1),” including risks of interference with witnesses or the potential to commit related crimes if released.

Duterte’s lawyers had argued that his medical condition warranted humanitarian release, but the judges found that the evidence did not outweigh the risks.

“The medical reports do not indicate how Mr. Duterte’s alleged physical condition or cognitive impairment negate the risks identified above,” the ruling stated.

The court also noted that Duterte’s daughter, Vice President Sara Duterte, had publicly questioned his arrest and even discussed “breaking Mr. Duterte out of the ICC Detention Centre.” The judges said the Duterte family’s political power and continued rejection of ICC jurisdiction “illustrate his support network and ability to evade justice.”

The former president faces charges of crimes against humanity of murder tied to thousands of killings during his administration’s “war on drugs” campaign and his years as Davao City mayor.

He was surrendered to the ICC in March 2025 after a warrant of arrest was issued.