Former Philippine president Rodrigo Duterte will remain in detention at the International Criminal Court (ICC) after appeals judges on Friday rejected arguments from his defense team that the 80-year-old should be released on humanitarian grounds due to his age and alleged deteriorating health.
The ruling marks the latest setback for Duterte, who was taken into ICC custody earlier this year following the court’s authorization to resume its investigation into killings linked to his bloody anti-drug campaign, both during his presidency from 2016 to 2022 and his earlier tenure as mayor of Davao City. Prosecutors allege that thousands of extrajudicial killings were carried out under what they describe as a state-sanctioned policy targeting suspected drug users and dealers—charges Duterte has repeatedly denied.
In Friday’s decision, the ICC Appeals Chamber said that Duterte’s advanced age and reported health concerns did not meet the legal threshold for provisional release. Judges emphasized that detention could only be reconsidered if there were “compelling humanitarian circumstances” or if continued detention posed a risk to his life—standards the defense had failed to demonstrate.
Court officials also noted that Duterte is receiving medical care at the ICC Detention Centre in The Hague, which they described as “fully equipped” to manage the needs of aging detainees.
The case against Duterte has been politically sensitive for years. In 2019, his administration withdrew the Philippines from the ICC shortly after the court began its preliminary examination into drug-war killings. However, the ICC maintains jurisdiction over alleged crimes committed while the Philippines was still a member state.
In 2023 and 2024, the Philippine government under President Ferdinand Marcos Jr. indicated it would not rejoin the ICC, though it has sent mixed signals about cooperation. Duterte’s recent arrest—possible through international warrants executed outside Philippine jurisdiction—followed increased travel abroad for medical consultations, according to publicly reported diplomatic sources.
Human-rights advocates and families of drug-war victims, many of whom have pushed for ICC involvement despite limited domestic investigations, welcomed the ruling. “This ensures that Duterte cannot evade accountability,” said a spokesperson for the Philippine human-rights coalition Rise Up, which has submitted evidence to ICC investigators.
Prosecutor Karim Khan has described the alleged crimes as “systematic attacks against civilians,” saying that available evidence—including police reports, survivor testimony and forensic documentation—shows patterns consistent with crimes against humanity.
With the appeals ruling, ICC pre-trial proceedings will continue, including hearings on evidence admissibility and potential witness protection measures. Legal experts say a confirmation-of-charges hearing could take place in 2025, depending on the court’s schedule and any further appeals.
If charges are confirmed, Duterte would face a full trial in The Hague—the first former Philippine head of state to be tried before an international tribunal.
