The Appeals Chamber of the International Criminal Court (ICC) has ordered that the appeal filed by former Philippine president Rodrigo Duterte challenging his continued detention will be resolved solely through written submissions, without holding oral hearings.
In an order dated January 29, 2026, and released publicly on Monday, the five-judge panel instructed Duterte’s defense team to file its appeal brief by February 5, 2026. The submission is limited to a maximum of 20 pages. The ICC Office of the Prosecutor and the Legal Representatives of Victims were likewise directed to submit their written responses by February 12, 2026, also subject to the same page limit.
The ruling follows Duterte’s notice of appeal filed on January 28, 2026, which contests a decision by Pre-Trial Chamber I upholding his detention. The challenged ruling, issued on January 26, denied the defense’s request for Duterte’s release on medical grounds.
Defense counsel Nicholas Kaufman argued that the pre-trial chamber committed errors of law and fact by refusing to consider a medical report submitted on January 9, 2026. The report, prepared by specialists appointed by the defense, detailed what it described as Duterte’s worsening health condition, including concerns related to his physical well-being and cognitive state.
According to the defense, the medical assessment constituted a “new fact” under the Rome Statute that should have been examined in determining whether continued detention remained necessary. The appeal further claimed that the chamber’s decision to disregard the report violated Duterte’s right to a fair hearing.
Duterte’s legal team is seeking a reversal of the detention ruling and is asking for his immediate interim release, subject to conditions reportedly offered by an unnamed ICC state party. The defense maintains that these conditions would sufficiently address any concerns related to flight risk or interference with the proceedings.
The appeal is part of the broader ICC case stemming from the court’s investigation into alleged crimes against humanity connected to killings linked to Duterte’s controversial “war on drugs” during his presidency.
Meanwhile, the ICC’s pre-trial chamber has scheduled the confirmation of charges hearing for February 23, 2026. This stage of the proceedings will involve the formal presentation of charges, followed by opening statements from the prosecution, the common legal representatives of victims, and the defense. The outcome of the confirmation hearing will determine whether the case proceeds to trial.