In a significant development in one of the most closely watched international legal cases, the International Criminal Court (ICC) has rejected an appeal seeking the release of former Philippine President Rodrigo Duterte on health grounds. The decision, handed down on Friday at The Hague, confirms that Duterte—now in his late 70s—will remain in detention as he continues to face charges of crimes against humanity linked to his controversial and violent “war on drugs.”
The ruling marks another major setback for Duterte’s defense team, who insist the former president is in deteriorating health and no longer fit to remain in custody. ICC judges, however, found the arguments insufficient and again emphasized concerns that releasing him could lead to witness intimidation or non-appearance at trial.
Why the ICC Rejected Duterte’s Release Request
Appeals Judge Luz del Carmen Ibáñez Carranza, speaking before the full chamber, stated that Duterte’s lawyers failed to demonstrate that the lower chamber’s earlier decision was unreasonable. The defense had argued that the former president’s health has declined significantly, making his continued detention “cruel” and medically unsafe.
However, judges disagreed, stating that risk factors surrounding Duterte’s release—such as potential evasion, non-compliance, and possible interference—remain too high. They also noted that the defense did not present convincing new evidence that would alter the court’s prior assessment.
Notably, Duterte himself was not present in court during the proceedings.
Defense Team Plans to Renew the Request
Despite the setback, Duterte’s legal team has signaled that it will “reintroduce its request to release” him after the completion of a further medical examination scheduled for next month.
According to defense filings, Duterte is allegedly suffering from cognitive deterioration so severe that he is struggling to assist with his legal defense—an argument at the center of the appeal.
His lawyer, Nick Kaufman, emphasized that the defense believes the former president’s condition has worsened and that continued detention is inhumane.
In September, the ICC postponed a preliminary hearing to allow for a more comprehensive medical assessment.
Why the ICC Views Duterte as a High-Risk Detainee
Last month, ICC judges concluded that Duterte’s release would pose an unmanageable risk. The reasons include:
- High likelihood of refusal to return for trial
- Potential intimidation of witnesses
- Ability to influence political figures and supporters
- Historical record of authorizing violent acts, as alleged by prosecutors
Court filings show that Duterte allegedly instructed and permitted murder and other violent acts against suspected drug users and dealers, both during his presidency and during his earlier tenure as mayor of Davao City.
Charges Rooted in Years of Deadly Anti-Drug Operations
The ICC’s charges span actions from November 1, 2011, when Duterte was mayor of Davao City, through March 16, 2019, a day before the Philippines formally withdrew from the ICC under Duterte’s own directive.
This withdrawal, human rights groups argue, was a last-minute attempt to evade accountability. The court, however, has stated that countries cannot avoid prosecution for crimes already under review by simply pulling out of the Rome Statute.
Estimates of deaths linked to Duterte’s anti-drug campaign vary dramatically:
- Philippine National Police estimate: more than 6,000 fatalities
- Human rights organizations estimate: up to 30,000 deaths
For many families of victims, the ICC case represents their strongest hope for justice. Duterte’s arrest earlier this year was hailed by numerous advocacy groups and victims’ families.
Request for Transfer to Another State Also Denied
Duterte’s legal team also sought his transfer to the custody of another, unnamed ICC member state. However, judges ruled that the risks of witness intimidation and non-compliance remained too significant—even with such a transfer.
Judge Ibáñez reiterated that the proposed host country could not satisfactorily mitigate the risks associated with Duterte’s release.
Philippine Government Responds
In a measured statement, Claire Castro, the Philippine Presidential Communications Secretary, said the government “respects” the ICC’s ruling.
Duterte’s family also issued a statement, saying they accept the decision “with peaceful hearts” and remain committed to supporting the former president through “daily conversations” and legal coordination.
However, Duterte’s allies and children have accused current President Ferdinand Marcos Jr. of allowing what they characterize as an “illegal detention” of the former leader. The Marcos administration has denied influencing the ICC process.
ICC’s Long Path to This Decision
The ICC initiated its preliminary investigation in February 2018. Within weeks, Duterte announced the Philippines’ withdrawal from the court—a move he claimed was a defense of national sovereignty.
However, the ICC made clear that withdrawal cannot protect individuals from prosecution for crimes committed while the country was still under ICC jurisdiction.
In October, judges reaffirmed this position and rejected Duterte’s challenge. His legal team has appealed that decision as well.
What Comes Next?
The next key step is the outcome of the medical examination scheduled for next month. If the results reveal significant deterioration, the defense may use them to strengthen its renewed request for release.
For now, however, Duterte remains in ICC custody as one of the most polarizing figures ever to face the international court continues his legal battle.
🟦 People Also Ask
- Why did the ICC deny Duterte’s release?
Because the court said his release posed risks of evasion and witness intimidation. - Is Rodrigo Duterte still in ICC custody?
Yes, he remains detained after the appeals court ruling. - What charges is Duterte facing?
Crimes against humanity linked to thousands of killings in the drug war. - What health issues did Duterte claim?
His lawyers say he has severe cognitive decline. - Will Duterte be released soon?
Only if future medical examinations justify it—currently, no. - What period do the charges cover?
From 2011 to 2019, when the Philippines left the ICC. - Did the Philippines withdraw from the ICC?
Yes, under Duterte’s presidency in 2019. - Does withdrawal stop the ICC case?
No, crimes under investigation remain within ICC jurisdiction. - How many people died in Duterte’s drug war?
Estimates range from 6,000 to 30,000. - Why is witness intimidation a concern?
Because judges believe Duterte still has influence. - Was Duterte present at the ICC hearing?
No, he did not attend. - Can Duterte appeal the ruling?
His legal team may attempt further appeals. - Who made the ICC decision?
Appeals Judge Luz del Carmen Ibáñez Carranza. - Is the Philippine government supporting Duterte?
The current government says it respects the ICC ruling. - Who supports Duterte’s release?
His family and political allies. - What do human rights groups say?
They support the ICC’s continued prosecution. - Could Duterte flee if released?
Judges say the risk is significant. - Where is Duterte being held?
In ICC detention facilities in The Hague. - What happens next in the case?
A full medical examination and potentially more hearings. - Why is Duterte accused of crimes against humanity?
Due to widespread killings of alleged drug offenders. - Can Duterte be transferred to another country?
The ICC denied that request. - Did Duterte order killings?
Prosecutors allege he instructed violent acts. - What does Duterte’s family say?
They accept the ICC decision “peacefully.” - Is this the first ICC case involving a Philippine leader?
Yes. - Can Duterte cooperate voluntarily?
Judges doubt he would comply. - Will the medical exam affect future rulings?
Possibly, if it shows severe health decline. - Was the drug war legal under Philippine law?
This is disputed—hence the ICC involvement. - Can the ICC prosecute former presidents?
Yes, if crimes fall under international jurisdiction. - Does Marcos Jr. support the ICC case?
He says he respects judicial processes. - Do victims’ families support the ICC?
Yes, many welcomed Duterte’s arrest. - Why did Duterte withdraw from the ICC?
He said it was to protect national sovereignty. - Did withdrawal protect him?
No, the court says it cannot shield past crimes. - Who is Nick Kaufman?
Duterte’s lead defense lawyer. - Did the ICC find evidence of murder?
Prosecutors say Duterte authorized violent acts. - Can Duterte stand trial if cognitively impaired?
A medical evaluation will determine this. - Is the trial timeline decided?
Not yet; it depends on health assessments. - Have witnesses come forward?
Yes, many provided testimony to ICC investigators. - Is this case politically motivated?
Duterte’s allies say yes; ICC says no. - Could Duterte face a life sentence?
Yes, crimes against humanity carry heavy penalties. - Is the ICC independent?
Yes, it operates separately from national governments. - Why is this case globally important?
It tests accountability for state-sanctioned killings. - What did the lower ICC chamber decide earlier?
That Duterte posed too high a risk if released. - Did Duterte cooperate with ICC investigators?
No, he criticized and rejected the ICC process. - How long could the case take?
ICC trials often span several years. - Are other officials being investigated?
The ICC may include other responsible figures. - Did the drug war continue after Duterte’s term?
Yes, though reportedly at a lesser scale. - Are there protests for Duterte’s release?
Some supporters have rallied, but not widespread. - Can the Philippines refuse ICC access?
Cooperation varies but cannot stop the case. - Is Duterte the oldest ICC detainee?
He is among the oldest currently facing charges. - Will more updates come soon?
Yes, after the medical exam next month.
It’s interesting that the ICC rejected the request; I was reading about similar legal challenges on https://seed3d.ai and it seems like these cases can be quite complex.