Duterte waives appearance at ICC ruling on interim release appeal on Nov. 28
Former president Rodrigo Duterte is waiving his right to make an appearance at the ICC Appeals Chamber on Nov. 28 when it delivers its decision on his appeal for his interim release.
The tribunal is set to announce its decision on whether it will uphold or overturn its Sept. 26 ruling rejecting the Duterte camp's request for interim release.
Duterte's counsel, Nicholas Kaufman, informed the chamber through a filing submitted on Nov. 27 that his client has signed a waiver indicating Duterte will be skipping the pronouncement of judgment at the Appeals Court. ICC has confirmed that Kaufman will be representing Duterte in court.
"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," read Duterte's signed waiver, dated Nov. 25.
According to the ICC, the judgment will be handed down in open court in Courtroom I in The Hague, The Netherlands on Nov. 28 at 10:30 a.m. (5:30 p.m. Manila time). The reading of the decision will be livestreamed on the ICC website and Facebook page in English and French, as well as on its official YouTube channel.
Earlier in the week, rumors circulated that Duterte was found unconscious in his cell. These were confirmed false by Kaufman.
“I would like to state, in no uncertain terms, that the information circulating on the internet suggesting that former President Duterte was found unconscious in his cell this morning is totally untrue," Kaufman said, according to reports.
In its earlier rejection of the Defense's request for interim release, the Pre-Trial Chamber said Duterte "continues to pose a flight risk." It cited the former president's continued political influence in the Philippines, as evidenced by his election as Davao City mayor and his daughter Vice President Sara Duterte's network of followers.
The court also mentioned how the Duterte family "publicly voiced criticism regarding his arrest and detention." Additionally, it learned of Sara voicing her "idea of breaking Mr. Duterte our of the ICC Detention Centre."
Duterte has been at the ICC since March 12.
He was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.
He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Rome Statute."
Specifically, he was allegedly involved in the murder of at least 19 persons reported to be drug pushers or thieves who were killed by members of the Davao Death Squad in various locations in or around Davao City between 2011 and 2016, as well as the murder of at least 24 alleged criminals who were killed by or under the supervision of members of the Philippines law enforcement at various locations in the country between 2016 and 2019 during his term as president.
He could be the first Asian former head of state to be indicted by the ICC.
If the charges against him are confirmed during his pre-trial hearing, it could take months before the case eventually goes on trial. A final judgment may be rendered after years.
