The International Criminal Court (ICC) has once again thrust the Philippines into the global spotlight, as its Appeals Chamber ruled on December 1, 2025, that former President Rodrigo Duterte must remain in detention. This decision, which comes after months of legal wrangling and high-profile hearings in The Hague, marks a pivotal moment not only for Duterte himself but for the broader landscape of Philippine politics and international justice.
Duterte, now 80 years old, was arrested in Manila on March 11, 2025, following an ICC warrant and swiftly flown to the Netherlands. The charges against him are grave: three counts of crimes against humanity for murder, stemming from his administration’s notorious “war on drugs” between 2016 and 2022. According to Rappler, the campaign left thousands dead—some estimates range as high as 30,000—with human rights groups insisting that most victims were drug users or innocent bystanders, many killed during police operations in the slums of Manila and Cebu.
Since his arrest, Duterte’s defense team, led by Nicholas Kaufman, has fought hard to secure his release, arguing on humanitarian grounds that his advanced age and declining health make continued detention unjust. In June, Kaufman filed a motion for interim release, claiming Duterte suffered from “cognitive impairment in multiple domains” and was unfit to stand trial. The defense even suggested a third country was willing to host Duterte before his trial.
But the ICC’s Pre-Trial Chamber I rejected these arguments on October 10, 2025, citing the risk that Duterte—given his political connections as a former head of state—might abscond or intimidate witnesses. The Appeals Chamber, in a unanimous decision delivered by Judge Luz del Carmen Ibáñez Carranza, confirmed the lower court’s ruling, stating that the risks could not be mitigated by any conditions proposed by the defense. Humanitarian grounds, the judges said, "were not sufficiently set out in the case at hand."
The ruling was met with mixed reactions. As Rappler reported, relatives of drug war victims watching the ICC hearing in Manila erupted in applause each time the judge announced the appeal was denied. Meanwhile, Duterte’s grandson, Omar Duterte, decried the decision as "borderline inhumane, keeping an 80-year-old here away from his family, away from the land he called home." The Duterte family, however, issued a statement accepting the decision "with peaceful hearts" and pledged to continue working with the defense team.
Observers say the ICC’s decision narrows Duterte’s room for political maneuvering. According to This Week in Asia, while the ruling may energize his loyalists, it is unlikely to sway undecided voters or ease the fierce rivalry that shapes Philippine politics. Some analysts suggest that the decision could, under certain circumstances, strengthen the position of Duterte’s daughter, Vice-President Sara Duterte-Carpio, as she eyes the 2028 presidential race.
The ICC’s actions have not unfolded in a vacuum. From December 1 to December 6, ICC member states are meeting in The Hague for the annual Assembly of State Parties. Human Rights Watch (HRW) has called on ICC member states to defend the court against what it describes as assaults from powerful countries. HRW’s Liz Evenson said, "Government efforts to undermine the ICC reflect broader attacks on the global rule of law, aiming to disable institutions that seek to hold those responsible for the worst crimes to account." HRW specifically cited sanctions imposed by the United States—under an executive order issued by President Donald Trump in February 2025—freezing assets and banning entry for ICC officials, as well as arrest warrants issued by Russia against ICC officials in 2023 and 2024. Over 80 ICC state parties have condemned the U.S. sanctions, and HRW has urged continued support for the court.
The Philippines itself withdrew from the Rome Statute in 2019, but the ICC maintains jurisdiction over alleged crimes committed while the country was still a member. Duterte’s legal team continues to challenge this, arguing that the ICC did not open a full investigation until after the withdrawal. A three-person expert panel is expected to submit a report on Duterte’s mental capacity to stand trial by December 5, 2025, which could influence the proceedings further.
Meanwhile, the ICC’s focus on Duterte has sent ripples through the ranks of his former allies. Former Philippine Senator Ronald “Bato” dela Rosa, once a fierce enforcer of Duterte’s drug war as chief of the Philippine National Police, has been conspicuously absent from Senate activities for nearly two weeks. Rumors abound that he is next in line for arrest by the ICC, following Duterte’s fate. Dela Rosa attempted to secure a temporary restraining order from the Supreme Court to prevent an ICC warrant, but his motion was dismissed as no official warrant had been issued. As lawyer Kristina Conti told national television, "Dela Rosa’s arrest is not a question of whether it will happen, but when."
Another Duterte ally, lawyer Harry Roque—once a self-styled human rights advocate and former presidential spokesperson—faces serious charges in the Philippines, including qualified human trafficking. Roque is currently in the Netherlands, ostensibly supporting Duterte, but risks deportation if he returns home. Both Dela Rosa and Roque, once known for their tough public personas, are now described by critics as fugitives or rogues, transformed by the pressure of ICC investigations.
The ICC’s proceedings have also highlighted the challenges the court faces on the world stage. According to Philippine Daily Inquirer, HRW has warned that U.S. sanctions could prompt financial institutions to refuse transactions with the ICC, jeopardizing its work. Furthermore, Italy, Hungary, and Tajikistan have recently failed to cooperate in arresting individuals wanted by the court, raising concerns about the future of international justice and the fight against impunity.
For the Philippines, the ICC’s latest ruling signals the start of substantive hearings into Duterte’s bloody anti-drug campaign. Prosecutors allege that, from November 2011 to March 2019, Duterte and his co-perpetrators shared a "common plan or agreement to ‘neutralize’ alleged criminals" through violent crimes, including murder. The coming months promise more legal drama, political maneuvering, and, perhaps, a reckoning for those who wielded power with impunity.
As the world watches, the fate of Duterte and his inner circle hangs in the balance, and so too does the credibility of global efforts to hold leaders accountable for the gravest of crimes.