ICC judges deny bid to free former Philippine President Rodrigo Duterte
Former Philippine President Rodrigo Duterte will remain in detention at the International Criminal Court after appeals judges on Friday denied a request to release him on health grounds.
Duterte, now in his 80s, faces charges of crimes against humanity over his alleged role in numerous killings linked to his so-called war on drugs, both during his time as mayor of Davao and later as president.
Appeals judges ruled that Duterte’s lawyers had not demonstrated that a lower chamber’s October decision was unreasonable, Judge Luz del Carmen Ibáñez Carranza said in The Hague courtroom. Duterte himself was not present for the proceedings.
Last month, the court ruled he should remain in custody, citing concerns that he might refuse to return for trial or attempt to intimidate witnesses if released. Court filings allege Duterte authorized violent acts, including murders, against alleged criminals, including drug users and dealers, between November 1, 2011, and March 16, 2019, when the Philippines withdrew from the ICC. Estimates of the death toll during his presidency range from over 6,000, according to national police, to as many as 30,000, according to human rights groups. Families of victims welcomed his March arrest.
Duterte’s legal team has argued that he is “infirm and debilitated,” claiming it is cruel to keep him in custody during the trial. In September, a pretrial hearing was postponed to allow for a full medical assessment, with defense filings stating that his cognitive abilities have declined to the point that he cannot adequately assist his lawyers. They requested that he be transferred to the custody of another country while proceedings continue, but judges agreed with the lower chamber that the risks could not be mitigated.
The appeals judges also upheld previous rulings rejecting challenges to the court’s jurisdiction. ICC prosecutors first opened a preliminary investigation in February 2018 into the killings during Duterte’s tenure. A month later, Duterte announced the Philippines’ withdrawal from the court, a move human rights advocates said was intended to evade accountability.
Judges emphasized that countries cannot use their withdrawal from the Rome Statute to shield individuals from justice for crimes already under investigation. The Duterte administration previously argued that the Philippines was already investigating the allegations and that the ICC, as a court of last resort, lacked jurisdiction. Appeals judges rejected that argument in 2023, allowing the investigation to resume.
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