The world’s eyes are once again turning to The Hague as the International Criminal Court (ICC) prepares to deliver its much-anticipated verdict on former Philippine President Rodrigo Duterte’s appeal for interim release. The decision, scheduled for open court at 10:30 a.m. local time on November 28, 2025, marks a pivotal chapter in the ongoing international legal proceedings surrounding Duterte’s controversial anti-drug campaign, known as Oplan Tokhang.
According to multiple reports, including those from Cebu Daily News, GMA Integrated News, and The Manila Times, the ICC Appeals Chamber will publicly announce whether Duterte, now 80 years old and detained at the Scheveningen Prison in The Hague, will be granted temporary freedom while awaiting trial. The hearing will be broadcast live on the ICC website and on social media platforms such as Facebook and YouTube, ensuring global transparency for a case that has stirred intense debate both in the Philippines and around the world.
Duterte’s legal troubles with the ICC began in earnest following his arrest and transfer to the Netherlands on March 11, 2025. The ICC took custody of the former president after the Philippine government surrendered him in compliance with an arrest warrant that was initially classified as secret on March 7, before being made public on March 11. The warrant stemmed from allegations of crimes against humanity—including murder, torture, and rape—committed during Duterte’s tenure as both Davao City mayor and the nation’s chief executive. The ICC Prosecution formally applied for this warrant on February 10, 2025, citing over 49 incidents of murder and attempted murder. While official government figures attribute at least 6,000 deaths to the anti-drug campaign, human rights groups claim the number could be as high as 20,000.
The ICC Pre-Trial Chamber I, after reviewing the prosecution’s case, found reasonable grounds to believe Duterte was “individually responsible as an indirect co-perpetrator for the crime against humanity of murder, allegedly committed in the Philippines between November 1, 2011, and March 16, 2019.” This ruling led to Duterte’s continued detention in the Hague Penitentiary Institution, pending further proceedings.
In the months since his arrest, Duterte’s legal team has mounted a vigorous defense, challenging both the ICC’s jurisdiction and the necessity of his continued detention. Their latest appeal, filed on October 14, 2025, argues that the Pre-Trial Chamber erred in its earlier ruling—specifically, in its assessment of Duterte’s risk profile and its rejection of state guarantees for his appearance at trial. The defense’s submission places particular emphasis on Duterte’s age, frail health, and the humanitarian implications of his incarceration. As stated in their appeal, “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.” The defense further asserts, “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.”
Despite these arguments, the ICC Pre-Trial Chamber I had previously denied Duterte’s requests for interim release—both his “Urgent Request for Interim Release” and the “Renewed Request for Interim Release”—in a decision dated September 26, 2025. The Chamber cited three primary concerns under the Rome Statute: ensuring Duterte’s appearance at trial, preventing obstruction of the investigation or proceedings, and stopping the potential commission of further crimes. The Chamber also noted Duterte’s consistent contestation of his arrest, which he characterized as “a pure and simple kidnapping,” as well as his family’s public opposition and active resistance to his detention.
The Chamber’s decision referenced a particularly striking episode: On July 19, 2025, Duterte’s daughter, Vice President Sara Duterte, publicly raised the idea of breaking her father out of ICC detention and attempted to delegitimize the Court’s proceedings, citing alleged collusion between the ICC and the Philippine government and accusing the prosecution of relying on “fake witnesses.” These public statements, coupled with the family’s physical and vocal resistance, were cited as factors contributing to the Chamber’s assessment of risk and the need for continued detention.
For many Filipinos, the ICC proceedings are more than just a legal battle—they are a test of the country’s commitment to accountability and the rule of law. The case has deeply divided public opinion in the Philippines. Supporters of Duterte argue that the former president’s anti-drug campaign was a necessary response to rampant criminality, and they see the ICC process as an infringement on national sovereignty. Critics, including many human rights advocates, insist that the scale and brutality of the killings demand international scrutiny, especially after domestic avenues for justice were, in their view, exhausted or rendered ineffective.
Meanwhile, the ICC has sought to maintain a careful balance between the rights of the accused and the interests of victims’ families. The order scheduling the November 28 ruling was signed by Presiding Judge Luz del Carmen Ibáñez Carranza, alongside Judges Tomoko Akane, Solomy Balungi Bossa, Gocha Lordkipanidze, and Erdenebalsuren Damdin. The notice was circulated to the Office of the Prosecutor, Duterte’s defense lawyers, and the Office of Public Counsel for Victims, underscoring the ongoing participation of victims’ representatives in the proceedings.
The legal framework guiding the ICC’s handling of interim release appeals is set out in Article 83(4) of the Rome Statute and Rule 158(2) of the ICC’s Rules of Procedure and Evidence. These provisions allow accused persons to appeal decisions on interim release and require the Appeals Chamber to rule expeditiously. The upcoming verdict will determine whether Duterte remains in custody as his trial for crimes against humanity moves forward, or if he will be allowed temporary release under conditions to be determined by the Court.
As the world awaits the ICC’s November 28 judgment, the stakes could hardly be higher. The outcome will set a precedent not only for Duterte’s personal fate but also for how international justice confronts allegations of state-sponsored violence by powerful political figures. Will humanitarian concerns outweigh the risks cited by the prosecution? Or will the Court affirm its earlier decision, keeping Duterte behind bars as the trial proceeds?
With the hearing set to be streamed globally, millions will be watching as the ICC weighs the balance between justice, compassion, and accountability in one of the most consequential human rights cases of the decade.
