THE International Criminal Court’s Appeals Chamber has affirmed the decision of Pre-Trial Chamber I to detain former President Rodrigo Duterte on allegations of crimes against humanity.
In a unanimous ruling on Friday, the five-member Appeals Chamber rejected the defense’s plea to overturn the initial detention order and demanded Duterte remain in ICC custody in The Hague.
The defense argued that the Pre-Trial Chamber I made errors both in fact and law when it disregarded reports concerning Duterte’s health condition.
They claimed that the decision to detain him was unjustified given his age and health status, and requested his immediate release. However, the Appeals Chamber found no merit in these claims, emphasizing that the medical reports relied upon were the most current and credible information available.
The court clarified that the detention decision properly considered the Panel of Experts’ reports, which provided updated medical information about Duterte.
The Appeals Chamber clarified that the reports did not constitute a new fact or changed circumstance that would warrant modifying the initial detention order under the Rome Statute. It was also noted that the panel of experts is impartial, and their findings are essential for ensuring fairness in the proceedings.
While acknowledging that the Pre-Trial Chamber’s reasoning for not relying on the defense’s health reports was limited, the Appeals Chamber emphasized the importance of impartiality and neutrality. It stressed that the Panel’s expertise and independence justified the decision to exclude the defense’s reports, which were prepared by medical practitioners chosen by Duterte’s camp. The court underscored its commitment to maintaining fairness and objectivity in the case.
Duterte has been detained at the ICC in The Hague since March 12, 2025, while awaiting trial on charges linked to alleged abuses during his war on drugs, which he conducted as Davao City mayor and as president. Last week, Pre-Trial Chamber I held hearings to decide whether to confirm the charges and move forward with a full trial, with both the prosecution and defense presenting their arguments.
Duterte’s defense attorney, Nicholas Kaufman, stated that the former leader has accepted his fate and the possibility of dying in custody.
