THE Appeals Chamber of the International Criminal Court (ICC) has ruled that the appeal filed by former president Rodrigo Duterte against his continued detention will be resolved through written submissions, dispensing with oral hearings.
In an order dated Jan. 29, 2026 but made public on Monday, the five-judge panel directed Duterte’s defense team to submit an appeal brief, limited to 20 pages, by Feb. 5, 2026.
The Office of the Prosecutor and the Legal Representatives of Victims were given until Feb. 12, 2026 to file their responses, also capped at 20 pages.
The directive follows the filing of Duterte’s notice of appeal on Jan. 28, 2026, challenging a ruling by Pre-Trial Chamber I that upheld his detention.
The contested decision, issued on Jan. 26, 2026, rejected a request for release based on Duterte’s health condition.
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In the appeal, defense counsel Nicholas Kaufman argued that the Pre-Trial Chamber committed errors of law and fact by refusing to consider a medical report submitted on Jan. 9, 2026.
The report, prepared by defense-appointed specialists, assessed Duterte’s deteriorating health and cognitive condition.
The defense maintained that the medical evaluation constituted a “new fact” that should have been taken into account under the Rome Statute in reviewing whether continued detention remained necessary. It further claimed that disregarding the report violated Duterte’s right to a fair hearing.
Duterte’s lawyers are seeking a reversal of the detention ruling and his immediate interim release under conditions proposed by an unnamed state party.
The appeal forms part of the broader ICC proceedings arising from the court’s investigation into alleged crimes against humanity linked to killings during Duterte’s “war on drugs” while he was in office.
The pre-trial chamber earlier set the confirmation of charges on Feb. 23. This process will include the formal reading of charges, followed by the opening statements from the prosecution, the common legal representatives for victims, and the defense.
