Former President Rodrigo Duterte Waives Rights to Appear at ICC Interim Release Hearing

Former Philippine President Rodrigo Roa Duterte is currently at the ICC Detention Centre, Scheveningen, for the alleged crime against humanity of murder. ICC will decide on his appeal for interim release on Friday, 28 November, but Duterte will not be present to hear the judgement, as he will skip the hearing.

Duterte Waives Appearance at ICC Interim Release Hearing

ABS-CBN News obtained a copy of former President Rodrigo Duterte's waiver, in which he announced his decision to waive his right to appear before the Appeals Chamber on the decision of his interim release request.

'I, Rodrigo Roa Duterte, respectfully waive my right to appear before the Appeals Chamber on 28 November 2025 at 10:30 and, consequently, instruct my lawyers to hear the judgment that will be rendered on my appeal against Pre-Trial Chamber I's decision on interim release - ICC-01/21-01/25-282,' his signed waiver read.

The ICC Appeals Chamber will read its ruling on his interim release appeal at 10:30 a.m. CET (Central European Time).

Duterte's Interim Release Request

Rodrigo Duterte's lead counsel initially requested for interim release on 12 June 2025. However, the pre-trial chamber of the ICC rejected it on 26 September.

Duterte's defense counsel, Nicholas Kaufman, filed an appeal on 14 October, arguing that the pre-trial chamber erred in assessing Duterte as a risk, dismissing state guarantees, and overlooking humanitarian considerations.

'Mr. Duterte is 80 years old, infirm, and debilitated. It is, quite simply, cruel to detain him while he enjoys the presumption of innocence. A court of law set up to address the crimes of ultimate concern to humanity may also show compassion,' part of the appeal read (via GMA News Online).

Kaufner also clarified that Duterte has neither the intent nor the ability to re-enter politics. Instead, he only requests for interim release so he can cooperate in the proceedings in a better-suited environment, considering his fragile mental and physical health.

What Will Happen if Duterte's Interim Release Petition Is Approved?

If the ICC grants Duterte's petition for interim release, he would be allowed to leave detention. However, this doesn't mean that he can fly back to the Philippines.

Normally, ICC requires a host country willing to take him and enforce its conditions. The host country must be an ICC member and formally agree to the release terms.

The Philippines is no longer a member of the ICC, so it cannot serve as Duterte's host country. Also, ICC previously stated that Duterte's return to his home country is unlikely because of his political influence and family connections.

If ICC grants Duterte's petition, it will likely include prohibitions against returning to any place associated with the alleged crimes or to any place where political or public activities that hinder the trial can arise.

Back in June, Kaufman previously said that there was already a country willing to host the former president. He, however, did not drop the nation that's willing to take Duterte under its wings.

What Will Happen if Duterte's Appeal Is Denied?

If ICC denies Duterte's appeal, he will stay in custody in The Hague as he awaits trial. ICC will proceed to the confirmation-of-charges phase, and Duterte's detention condition will stay the same.

Usually, judges only reject an interim release petition when they believe detention is necessary to protect the integrity of the proceedings.

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