Former president Rodrigo Duterte has waived his right to appear before the International Criminal Court (ICC) Appeals Chamber when it delivers its judgment on his bid for interim release on Nov. 28.

In a signed waiver dated Nov. 25, Duterte informed the tribunal that he would not participate in the proceedings and directed his lawyers to appear on his behalf.

“I, Rodrigo Roa Duterte, 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,” he said.

The Appeals Chamber is scheduled to hand down its decision at 5:30 p.m. (Manila time), according to the ICC.

The waiver comes as Duterte continues to challenge the Oct. 10 ruling that denied both his “Urgent Request for Interim Release” and “Renewed Request for Interim Release,” with the court insisting that detention remains necessary under the Rome Statute.

Duterte’s legal team earlier argued that he posed no risk of flight, citing his deteriorating health and global recognizability.

“Mr. Duterte does not pose an objective risk of flight considering his physiological and psychological health conditions... and the ease with which he would be found and returned to the Court, for he is one of the most recognized political figures in the world,” they said.

They added that the former president’s “cognitive state” made it improbable for him to interfere with witnesses or obstruct proceedings.

The Defense also invoked “compelling humanitarian grounds,” referring to an unspecified medical condition in seeking temporary release.

The Prosecution countered that detention remained essential to ensure Duterte’s appearance and to protect the integrity of the case, especially given his public rejection of the ICC’s authority.

“Mr. Duterte’s continued detention is necessary to ensure his appearance at trial... considering that he does not accept the legitimacy of the legal proceedings he is subject to before the Court,” prosecutors said, citing his resistance to arrest and past remarks comparing his detention to “kidnapping.”

They further argued that releasing Duterte could endanger witnesses.

“The release of Mr. Duterte could pose a risk... because of the possible opportunity to intimidate or threaten witnesses either directly or indirectly, through his associates or his family members,” the Prosecution said.

Prosecutors also cited his previous statements suggesting he could resume or intensify violence.

“The continued detention of Mr. Duterte is necessary to prevent him from continuing with the commission of [the] crime... considering that Mr. Duterte has reportedly previously pledged to ‘double’ the killings the ‘moment I return,’” they added.

The ICC also reiterated that humanitarian pleas do not override legal standards for pre-trial detention.

Duterte remains detained at The Hague in the Netherlands on charges of crimes against humanity arising from thousands of drug war killings under his administration. He has been under ICC custody since March this year.