Today, 6 March 2026, the Appeals Chamber of the International Criminal Court ("ICC" or "the Court") issued a judgment rejecting the appeal of Mr Duterte against the "Decision on the review of Mr Rodrigo Roa Duterte's detention", issued on 26 January 2026, pursuant to article 60(3) of the Rome Statute. In the decision, Pre-Trial Chamber I assessed the health condition of Mr Duterte as part of its assessment regarding the risk factors under article 58(1)(b) of the Statute identified in its initial decision on interim release. The Pre‑Trial Chamber found, inter alia, that there were no new or changed circumstances requiring the modification of its prior ruling on the existence of the risks under article 58(1)(b) of the Statute, and remanded Mr Duterte in detention.
The Defence raised one ground of appeal. The Defence submitted that the Pre-Trial Chamber erred in fact and in law, and abused its discretion, when it disregarded a report concerning the health condition of Mr Duterte submitted by the Defence on the basis that it had emanated from a party to the proceedings, and that the alleged errors materially affected the decision of Pre‑Trial Chamber I.
Having rejected or dismissed all of the Defence's arguments, the Appeals Chamber today confirmed Pre-Trial Chamber I's decision. The Appeals Chamber noted, inter alia, that the Defence's report does not include any new information concerning Mr Duterte's health condition since the two medical practitioners selected by the Defence did not conduct any new examination of Mr Duterte, and that while reports provided by experts with up‑to-date and reliable medical information may assist the Pre-Trial Chamber in its assessment of Mr Duterte's health condition, the assessment of the risk factors under article 58(1)(b) of the Statute, including the impact of Mr Duterte's health condition on these risks, is a legal determination to be made by the Pre-Trial Chamber that does not require any assistance of medical practitioners.
Background: Mr Duterte is suspected of the crimes against humanity of murder and attempted murder, pursuant to article 7(1)(a) of the Statute, allegedly committed as part of a widespread and systematic attack against a civilian population on the territory of the Republic of the Philippines between 1 November 2011 and 16 March 2019 in the context of the "war on drugs" campaign. Following a request of the ICC Office of the Prosecutor, the warrant of arrest against Mr Duterte was issued by Pre-Trial Chamber I 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. The initial appearance of Mr Duterte took place on 14 March 2025. The confirmation of charges hearing took place from 23 to 27 February 2026.
The Appeals Chamber in this appeal is composed of Presiding Judge Luz del Carmen Ibáñez Carranza, Judge Tomoko Akane, Judge Solomy Balungi Bossa, Judge Gocha Lordkipanidze and Judge Erdenebalsuren Damdin.
