ICC to Rule on Duterte’s Provisional Release

Published: 28 November 2025 Friday. The English Chronicle Desk. The English Chronicle Online

International Criminal Court (ICC) appeals judges are set to rule on a request for the provisional release of former Philippine President Rodrigo Duterte, who faces ongoing proceedings for alleged crimes against humanity. The decision, expected on Friday, could allow Duterte temporary freedom, a move strongly opposed by human rights groups and families of victims of his brutal war on drugs.

Duterte’s legal team is appealing an October ruling that kept him in custody after judges concluded he might refuse to return for trial and could intimidate witnesses if released. ICC prosecutors allege that Duterte was involved in dozens of killings both as mayor of Davao and later as president from 2016 to 2022, authorising violent acts, including murder, against alleged criminals and drug users. Estimates of the death toll vary, with national police reporting over 6,000, while human rights groups suggest up to 30,000.

Families of victims hailed Duterte’s arrest in March, and he has been detained at The Hague for more than eight months. His lawyers argue that he is “infirm and debilitated” and that keeping him in custody is “cruel,” while family members visiting him claim he is “well” and “engaged.” Duterte’s daughter, Vice President Sara Duterte, even suggested that supporters should stage a “jailbreak” at his detention centre.

If released, Duterte would not return to the Philippines but be placed in the custody of another ICC member state while proceedings continue. Last month, judges rejected a challenge to the court’s jurisdiction in the case. Human rights lawyers representing victims’ families maintain high confidence that the appeal will be rejected, stressing that the defense does not contest evidence of crimes but is only requesting release on health grounds.

The ICC announced a preliminary investigation into Duterte’s drug war violence in February 2018. In what human rights activists viewed as an attempt to avoid accountability, Duterte withdrew the Philippines from the ICC the following month. The charges against him cover the period from November 1, 2011, when he was Davao’s mayor, to March 16, 2019, when the Philippines formally withdrew from the court.

The ruling will mark a significant moment in international justice, testing the ICC’s ability to hold high-profile political figures accountable amid complex legal, political, and humanitarian concerns.