On March 6, 2026, the Appeals Chamber of the International Criminal Court (ICC) delivered [3] its judgment in Prosecutor v. Rodrigo Roa Duterte, confirming the decision of Pre-Trial Chamber I to maintain Mr. Duterte in detention pending further proceedings. The appeal concerned the Pre-Trial Chamber’s January 26, 2026 decision [4] reviewing Mr. Duterte’s detention pursuant to Article 60(3) of the Rome Statute.

The Defence argued that the Pre-Trial Chamber [5] erred by refusing to consider a medical report prepared by medical practitioners, which allegedly demonstrated cognitive impairments that would undermine the risk factors justifying detention. According to the Defence, this report constituted a new fact and therefore a changed circumstance under Article 60(3) of the Rome Statute and required reconsideration of detention. The Prosecution and the Legal Representatives of the Victims opposed these arguments.

The Appeals Chamber rejected Defence’s claims and found no error in the Pre-Trial Chamber’s determination. It held that the report did not constitute a new fact, as it relied on previously available information and involved no independent examination of Mr. Duterte. Accordingly, the Appeals Chamber confirmed the Pre-Trial Chamber’s decision that no new or changed circumstances require a change in Mr. Duterte’s detention.

Photo by Tony Webster