ICC to livestream Duterte interim release decision on November 28

The International Criminal Court's Appeals Chamber will deliver its judgment on former Philippine president Rodrigo Duterte's appeal for interim release in open court on November 28, 2025, with the proceedings streamed live online. The decision follows the rejection of Duterte's earlier requests and comes amid ongoing challenges to the ICC's jurisdiction over him. Duterte remains detained in The Hague facing charges related to his war on drugs.

Former Philippine president Rodrigo Duterte's appeal for interim release from detention at the International Criminal Court (ICC) will see its judgment delivered on November 28, 2025, at 10:30 a.m. in The Hague, equivalent to 5:30 p.m. in Manila. The Appeals Chamber's ruling will be transmitted live via the ICC's official website, as well as on Facebook and YouTube, allowing public access to the proceedings.

This appeal, filed by Duterte's defense team on October 14, 2025, challenges the Pre-Trial Chamber I's decision on September 26, 2025, which denied interim release. The chamber cited Duterte's opposition to his arrest, family demands for his return to the Philippines, and public comments by Vice President Sara Duterte suggesting potential interference as reasons to keep him detained. The 23-page ruling emphasized Duterte as a flight risk and potential threat to witnesses, rejecting humanitarian arguments based on his age of 80 and medical reports without sufficient substantiation. It noted that Duterte has access to medical treatment, including a psychiatrist and nurse, at the ICC Detention Center.

Duterte's lawyer, Nicholas Kaufman, called the pre-trial decision 'erroneous,' highlighting 'unprecedented State guarantees' for the 'debilitated and cognitively impaired 80-year-old.' The appeal argues detention is 'cruel' given his presumption of innocence, stating: 'Mr. Duterte has neither the desire nor capacity to flee or to return to a life of power or politics. He merely seeks interim release in a country where he can participate in the confirmation proceedings in a setting conducive to his proven weak state of mental and physical health.'

The ICC Office of the Prosecutor, in a submission dated October 31, 2025, urged dismissal, with deputy prosecutor Mame Mandiaye Niang calling the decision 'reasonable and correct.' Paolina Massidda, principal counsel for victims, argued the defense misrepresented the ruling, noting that presumption of liberty does not preclude necessary detention.

Duterte was arrested on March 12, 2025, following an ICC warrant issued on March 7, and has been detained at the Hague Penitentiary Institution since. He faces charges of crimes against humanity, including over 49 counts of murder and attempted murder linked to his anti-drug campaign, which official reports attribute to over 6,000 deaths, while human rights groups estimate up to 30,000. His confirmation of charges hearing, set for September 23, 2025, was postponed due to concerns over his fitness to stand trial.

Separately, on November 14, 2025, Duterte's team filed a 21-page appeal challenging the ICC's jurisdiction, arguing the court's authority ended with the Philippines' withdrawal from the Rome Statute on March 17, 2019, after signing on November 1, 2011. Despite the withdrawal, the ICC authorized an investigation on September 15, 2021. Reports suggest Duterte's family plans to spend Christmas with him in The Hague, potentially missing traditional holiday events in Davao City.

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