ICC rejects Duterte appeal for interim release

By Joyce Ann L. Rocamora, Philippine News Agency

Presiding Judge Luz del Carmen Ibañez Carranza (Screenshot from ICC Open Court I stream)

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 Ibañez Carranza said Duterte’s defense had “failed to demonstrate an error” in Pre-Trial Chamber I’s determination that he poses a flight risk.

Duterte’s legal team had raised three grounds of appeal: that the Pre-Trial Chamber erroneously concluded he poses a risk under the Rome Statute; that it improperly rejected guarantees proposed by the State willing to receive him; and that it erred by not considering humanitarian factors in assessing his right to interim release.

The Appeals Chamber, composed of Carranza, Judge Tomoko Akane, Judge Solomy Balungi Bossa, Judge Gocha Lordkipanidze and Judge Erdenebalsuren Damdin, rejected all three and unanimously confirmed the pre-trial chamber’s earlier ruling.

In its 23-page decision released on Oct. 10, Pre-Trial Chamber I pointed to the Duterte family’s public rejection of his arrest, their calls for his immediate return to the Philippines, and his reported wish to go back to Davao City if released — all of which, it said, demonstrate his rejection of the proceedings and his family’s willingness to help him evade 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 explained that the chamber relied on various documents, including media articles, NGO publications and books, which indicated Duterte’s inclination to interfere with investigations against him.

Duterte faces multiple charges comprising several murders and attempted murders as crimes against humanity in relation to his infamous drug war during his presidency and while he was still the mayor of Davao City.

Prior to the hearing, the former president waived his right to be present at the hearing and remains in ICC custody.

His initial appearance before the international court took place on March 14, 2025, following his arrest.

On Sept. 8, the Pre-Trial Chamber I postponed the commencement of the confirmation hearing in the case, which had been initially scheduled to start on Sept. 23.

Meanwhile, Palace Press Officer Claire Castro said Malacañang 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 sought for reaction.