MANILA — The International Criminal Court (ICC) Appeals Chamber upheld the decision to deny former President Rodrigo Duterte’s request for interim release, ensuring he remains in detention at Scheveningen Prison in the Netherlands while awaiting trial for crimes against humanity.

The ruling, read by Judge Luz del Carmen Ibáñez Carranz, confirmed that the pre-trial chamber’s September decision correctly assessed the factors justifying Duterte’s continued detention, including the risk of evasion. All three arguments raised by Duterte’s legal team were unanimously rejected.

Duterte waived his right to attend the hearing, instructing his lawyers to proceed without him. The judgment was livestreamed from The Hague at 5:30 p.m. Manila time.

Duterte has been detained at the ICC facility since his March 12 arrest, facing charges related to 43 alleged killings during his “war on drugs” as Davao City mayor and Philippine president.

In their October 14 appeal, Duterte’s lawyers argued that the pre-trial chamber failed to consider humanitarian grounds, citing his age and what they described as his “infirm and debilitated condition.” They asserted that Duterte posed no flight risk and sought interim release to participate in the proceedings in a setting suitable to his health.

However, the pre-trial chamber had found that he posed a substantial risk if released, and the Appeals Chamber agreed. The defense arguments—claiming errors in assessing risk, guarantees from a receiving state, and humanitarian considerations—were all dismissed.

“After examining the arguments raised in the appeal brief, the Appeals Chamber found that the Defence failed to identify errors in the Pre-Trial Chamber’s reasoning or to demonstrate that the Pre-Trial Chamber’s conclusions were unreasonable,” the ICC said in a separate statement.

Duterte’s family said they accept the ruling “with peaceful hearts”, pledging continued support and communication with the former president.

Lawyer Nicholas Kaufman represented Duterte during the appeal, noting that the defense may periodically raise the issue under ICC Rule 118, which mandates a review of a detainee’s status every 120 days and at least one hearing annually.

Palace Press Officer Claire Castro said the government respects the court’s decision. Meanwhile, ICC-listed lawyer Gilbert Andres noted that victims of the drug war would continue opposing any attempts by Duterte to secure provisional release.