(UPDATED) MANILA, Philippines — The Appeals Chamber of the International Criminal Court (ICC) on Friday confirmed the continued pre-trial detention of former Philippine president Rodrigo Duterte, rejecting defense arguments that his health condition justified his immediate release.
In a unanimous judgment issued March 6, 2026, the five-judge panel upheld the Jan. 26 ruling of the Pre-Trial Chamber I ordering Duterte to remain in custody while he faced charges of crimes against humanity, including murder and attempted murder, linked to his administration’s deadly anti-drug campaign from 2011 to 2019.
The defense appealed on a single ground, arguing that the Pre-Trial Chamber erred in disregarding a medical report submitted by Duterte’s legal team, which they said constituted a “changed circumstance” warranting his release under Article 60(3) of the Rome Statute.
The Appeals Chamber rejected the argument, ruling that the Pre-Trial Chamber was entitled to rely instead on reports from a court-appointed panel of three independent medical experts.
“The assessment of the risk factors under article 58(1)(b) of the Statute, including the impact of Mr. Duterte’s health condition on these risks, is a legal determination to be made by the Pre-Trial Chamber that does not require any assistance of medical practitioners,” the Appeals Chamber said.
The defense submitted its medical report on Jan. 9. Prepared by external practitioners, the defense argued that Duterte’s alleged cognitive deficiencies would prevent him from absconding, threatening witnesses, or continuing to commit crimes — the three statutory risks used to justify pre-trial detention.
However, the Appeals Chamber noted that the defense experts had not conducted a new examination of Duterte and instead relied on information already contained in reports prepared by the court-appointed panel in December 2025.
“The Defense has not explained why or how the Defense’s report, without any examination of Mr. Duterte, may provide more updated or reliable information concerning Mr. Duterte’s health condition than that provided in the panel’s reports,” the judgment stated.
The court also dismissed defense arguments that the rejection of the report violated Duterte’s fair trial rights and the principle of equality of arms. It noted that the Pre-Trial Chamber had consistently maintained it would not rely on medical reports submitted by either party in order to preserve the fairness of the proceedings.
Duterte, 80, was surrendered to the ICC on March 12, 2025, after the court issued an arrest warrant. Prosecutors allege he bears criminal responsibility for thousands of deaths in anti-drug operations that they say formed part of a widespread and systematic attack against civilians.
The Appeals Chamber also noted that the defense raised arguments that “merely repeat” issues already addressed in earlier rulings, describing the practice as “not an appropriate use of judicial time and resources.”
Friday’s decision marked the second time the Appeals Chamber has upheld Duterte’s detention, after affirming the initial detention ruling in November 2025.
Respecting the court's decision
It was previously stated by the defense team of former president Duterte that they would not oppose the ICC's descion for his continued detention while awaiting a ruling from the Appeals Chamber on its challenge to an earlier decision denying his release.
The statement came during a public hearing convened to review Duterte’s detention under Article 118 of the Rome Statute, which mandates an annual assessment of a suspect’s custody. The last detention review was conducted on March 14, 2025.
Duterte's defense lawyer Nicholas Kaufman confirmed that the team had filed an appeal against the pre-trial chamber’s detention ruling.
“As your honors are aware, the defense has appealed the pre-trial chamber’s decision on the first detention review,” Kaufman said. “Since we are still awaiting a judgment of the Appeals Chamber, the defense will not oppose the continuation of Mr. Duterte’s current detention.”
What's next
During this phase, the Prosecutor’s office prepares to finalize its case file, evidence, witness statements, and documentation to support the charges of crimes against humanity related to alleged extrajudicial killings during Duterte’s time as mayor of Davao City and later as president
The defense, on the other hand, will continue to file motions, challenge evidence, and raise procedural concerns, though the Appeals Chamber has already established that release is unlikely unless significant new circumstances arise.