THE INTERNATIONAL Criminal Court (ICC) Appeals Chamber is expected to issue judgment on former President Rodrigo Duterte’s interim release on Friday, Nov. 28, 2025, at 10:30 a.m. (The Hague local time).
The ruling will address the appeal filed by Duterte’s defense team, led by Atty. Nicholas Kaufman, who challenged the Pre-Trial Chamber I’s previous decision to keep the former President in detention.
The Appeals Chamber will issue its judgment on two consolidated filings from the defense: the “Urgent Request for Interim Release” and the “Renewed Request for Interim Release.”
Both requests were initially denied by Pre-Trial Chamber I on Sept. 26, 2025.
The Pre-Trial Chamber I cited multiple grounds for denying release, stating that Duterte’s continued detention was necessary: To ensure his appearance at trial, to prevent him from obstructing or endangering the investigation or court proceedings, and to ensure that he does not continue with the commission of crimes.
Defense arguments for release
In their appeal, Duterte’s legal team argued that the Pre-Trial Chamber erred in its assessment of risk.
The defense has consistently raised humanitarian considerations, citing the 80-year-old former President’s reported infirm and debilitated condition, and has offered to accept “the most restrictive conditions for release ever proffered at the International Criminal Court.”
The Appeals Chamber’s ruling on November 28 will either uphold the Pre-Trial Chamber’s decision, ensuring Duterte remains in custody at The Hague, or reverse the decision and order his release, potentially under strict conditions.
Duterte is currently facing charges of crimes against humanity, specifically murder and attempted murder, allegedly committed during his administration’s “war on drugs” campaign in the Philippines.
The decision comes amid other ongoing legal proceedings in the case, including a separate appeal before the Appeals Chamber challenging the ICC’s jurisdiction over the Philippines case, as well as an ongoing assessment of the former President’s fitness to stand trial.
