Duterte defense appeals ICC denial of interim release, but rights advocates stress victims’ quest for accountability

December 4  – The defense team of former president Rodrigo Roa Duterte has appealed the International Criminal Court’s (ICC) decision denying him interim release, even as human rights advocates underscore that the ongoing proceedings represent a critical step toward accountability for thousands of victims of the “war on drugs.”

In a Notice and Grounds of Appeal filed under Article 82(1)(b) of the Rome Statute, defense counsel Nicholas Kaufman asked the Appeals Chamber to reverse the Pre-Trial Chamber’s Sept. 26, 2025 ruling and grant Duterte temporary release to a State offering formal guarantees.

Defense arguments

The defense alleges that the earlier ruling was legally and factually flawed, citing three key grounds:

1. ‘Speculative’ risk assessment
Kaufman’s team claims the Pre-Trial Chamber relied on conjecture when assessing potential flight or obstruction risks, arguing that its reasoning was insufficient and based on circumstances “not materially connected” to Duterte himself.

2. Failure to weigh State assurances
The appeal accuses the Chamber of undervaluing what it describes as credible State-level guarantees designed to ensure Duterte’s compliance with release conditions, calling this an abuse of judicial discretion.

3. Overlooking humanitarian and medical considerations
The defense says the Chamber failed to properly consider humanitarian factors and Duterte’s deteriorating health, which they claim weakens any assumptions that he might abscond or interfere with the case.

Rights advocates: Appeal must not derail justice process

While the appeal moves forward, human rights groups emphasize that the ICC’s actions remain central to addressing alleged extrajudicial killings and abuses that took place under Duterte’s anti-drug campaign.

Advocates note that decisions on release must balance the rights of the accused with the rights of victims and survivors, many of whom have waited years for independent investigation and redress. They stress that the ICC’s mandate includes protecting witnesses, preventing interference with evidence, and ensuring proceedings that uphold due process for all parties.

Legal analysts also point out that the forthcoming Appeals Chamber review carries implications not only for Duterte’s detention status but for the broader international effort to secure accountability in cases involving mass human rights violations.

The appeal was filed within the timeframe required under Rule 154 of the ICC’s Rules of Procedure and Evidence. The Appeals Chamber will now determine whether the Pre-Trial Chamber erred in denying the former president’s interim release.