The International Criminal Court’s (ICC) Appeals Chamber delivered a decisive blow to former Philippine President Rodrigo Duterte on Friday, rejecting his appeal for a conditional release from detention. This judgment affirms the earlier ruling by the Pre-Trial Chamber I, ensuring Duterte will remain at the ICC detention center in The Hague, Netherlands.
Detention Deemed Necessary
Presiding Judge Luz Del Carmen Ibañez read the judgment in open court, upholding the September decision that initially dismissed the Duterte camp’s request for an interim release. The Pre-Trial Chamber I had cited several compelling grounds for maintaining his detention. Primarily, the court ruled that Duterte’s continued custody is necessary to guarantee his appearance at the looming trial for alleged crimes against humanity.
The chambers also expressed serious concern that a temporary liberty could lead to the obstruction or endangering of the investigation and pose a threat to potential witnesses. Furthermore, the court pointed to the alarming “kidnapping” claims made by Duterte’s family at the time of his arrest in March. This was viewed as an illustration of Duterte’s “rejection of the proceedings against him before the Court,” and his close family’s willingness to “help him elude detention and prosecution.”
Legal Recourse and Victim’s Opposition
Duterte, represented by lawyer Nicholas Kaufman who appeared in court after the former president waived his right to personally attend, has been detained for nearly nine months. He was arrested and surrendered to the ICC by the Marcos government in March, facing charges linked to his notorious “war on drugs” and the alleged Davao Death Squad. While the Philippine government officially recognizes over 6,000 killings, human rights groups estimate the death toll could be as high as 30,000.
Despite the appeal’s rejection, defense lawyer Kaufman had previously noted that the issue could be periodically raised under ICC Rule 118, which mandates the Pre-Trial Chamber to review a detainee’s status every 120 days.
However, this potential legal maneuvering is set to face fierce opposition. Gilbert Andres, an ICC-listed lawyer, confirmed that drug war victims will continue to stand against any renewed attempts by Duterte to secure a provisional release, stressing their commitment to seeing the trial proceed.