On Friday, 28 November 2025, the Appeals Chamber of the International Criminal Court ("ICC" or "Court") delivered in open court its judgment, rejecting the appeal of Mr Rodrigo Roa Duterte ("Mr Duterte") and confirming the decision of Pre-Trial Chamber I ("Pre-Trial Chamber") of 26 September 2025 regarding the request for Mr Duterte's interim release. The suspect, who had waived his right to be present at that hearing, remains in ICC custody.
On 26 September 2025, the Pre-Trial Chamber had rejected the Defence's requests for interim release of Mr Duterte. The Pre-Trial Chamber found that Mr Duterte's detention remained necessary pursuant to article 58(1)(b) of the Rome Statute, and that the conditions for release proposed were not sufficient to mitigate the risks it found in relation to Mr Duterte's interim release. The Pre-Trial Chamber also rejected the Defence's argument that Mr Duterte should be released for humanitarian reasons.
The Defence raised three grounds of appeal. It argued that (i) the Pre-Trial Chamber erroneously found that Mr Duterte poses a risk under article 58(1)(b) of the Rome Statute; (ii) the Pre-Trial Chamber erred in its rejection of the guarantees proposed by the State willing to receive him; and (iii) the Pre-Trial Chamber erred in law by failing to take into account humanitarian considerations in assessing the right to interim release.
The Appeals Chamber composed of Judge Luz del Carmen Ibáñez Carranza, Presiding Judge in this appeal, Judge Tomoko Akane, Judge Solomy Balungi Bossa, Judge Gocha Lordkipanidze and Judge Erdenebalsuren Damdin, rejected all three grounds of appeal. The Appeals Chamber noted that Pre-Trial Chamber reached its conclusions in relation to the risks enumerated in article 58(1)(b) of the Statute on the basis of a comprehensive assessment of the information before it. After examining the arguments raised in the appeal brief, the Appeals Chamber found that the Defence failed to identify errors in the Pre-Trial Chamber's reasoning or to demonstrate that the Pre-Trial Chamber's conclusions were unreasonable. The Appeals Chamber thus unanimously confirmed the Pre-Trial Chamber's decision of 26 September 2025.
Background: The warrant of arrest against Mr Duterte was issued by the Chamber as "Secret" on 7 March 2025 and reclassified as "Public" on 11 March 2025. On 12 March 2025, Mr Duterte was surrendered to the ICC after being arrested by the authorities of the Republic of the Philippines in accordance with the warrant of arrest. Mr Duterte is suspected of the crimes against humanity of murder and attempted murder, allegedly committed on the territory of the Republic of the Philippines between 1 November 2011 and 16 March 2019. The initial appearance of Mr Duterte took place on 14 March 2025. On 8 September 2025, Pre-Trial Chamber I postponed the commencement of the confirmation hearing in the case, which had been initially scheduled to start on 23 September 2025.
