THE HAGUE, Netherlands (AP) — Former Philippine President Rodrigo Duterte will remain in detention at the International Criminal Court after appeals judges on Friday rejected a request to release him on health grounds.
The octogenarian is facing charges of crimes against humanity for his alleged involvement in dozens of killings as part of his so-called war on drugs when in office, first as the mayor of a southern city and later as president.
Duterte’s lawyers failed to show that an October decision by the lower chamber was unreasonable, Judge Luz del Carmen Ibáñez Carranza said, addressing the full courtroom in The Hague.
The former president was not in court on Friday.
The defense said it plans to “reintroduce its request to release” Duterte following the results of a medical examination expected next month, lawyer Nick Kaufman said in a statement.
Duterte’s lawyers say he is “infirm and debilitated” and that it is cruel to keep him in custody during the trial. In September the court postponed a pretrial hearing until a full medical assessment could be made. According to defense filings, Duterte’s cognitive faculties have declined to a level that he cannot assist his lawyers.
Last month, judges decided to keep Duterte in custody, finding that he was likely to refuse to return for trial and could use his freedom to intimidate witnesses.
According to court filings, Duterte instructed and authorized “violent acts including murder to be committed against alleged criminals, including alleged drug dealers and users.” The charges against him date from Nov. 1, 2011, when he was still mayor of the southern city of Davao, to March 16, 2019, when the country withdrew from the court. He was president from 2016-22.
Estimates of the death toll during Duterte’s presidential term vary. National police put the figure at more than 6,000, while human rights groups claim up to 30,000. Families of victims hailed Duterte’s arrest in March.
The legal team requested that he be transferred to the custody of another member state while proceedings continue. However the appeals judges agreed with the lower chamber that the risk posed by his released “could not be mitigated” by the undisclosed country, Judge Ibáñez said.
ICC prosecutors announced in February 2018 that they would open a preliminary investigation into the violence that took place during Duterte’s time in power. In a move that human rights activists say was aimed at escaping accountability, Duterte, who was still president, announced a month later that the Philippines would leave the court.
Countries can’t abuse their right to withdraw from the Rome Statute, the court’s founding document, “by shielding persons from justice in relation to alleged crimes that are already under consideration,” judges wrote in the ruling in October. Duterte’s legal team has appealed this decision as well.
In a statement, the current government of the Philippines acknowledged Friday’s decision. “The International Criminal Court has already made its decision and the Palace respects it,” presidential Communications Secretary Claire Castro said in a statement.
Duterte’s family and allies have blamed current President Ferdinand Marcos Jr. for what they claim was the ex-president’s illegal arrest and detention by the global court.
The Duterte family said it accepted the decision “with peaceful hearts.”
“We will continue to work with the defense team on the case and will keep supporting former President Rodrigo Duterte with our daily conversations. We thank everyone who prayed with us today,” they said in a statement.
Associated Press journalist Jim Gomez in Manila contributed to this report.
Defense attorney Nicholas Kaufman, seated, waits for the International Criminal Court (ICC) to rule on a request to release former Philippine President Rodrigo Duterte, in The Hague, Netherlands, Friday, Nov. 28, 2025. (Lina Selg/Pool Photo via AP)
Judges enter the court room of the International Criminal Court (ICC) to rule on a request to release former Philippine President Rodrigo Duterte, in The Hague, Netherlands, Friday, Nov. 28, 2025. (Lina Selg/Pool Photo via AP)
FILE - Philippine President Rodrigo Duterte addresses the troops during the 82nd anniversary celebration of the Armed Forces of the Philippines in suburban Quezon city northeast of Manila, Philippines on Dec. 20, 2017. (AP Photo/Bullit Marquez, File)
NEW YORK (AP) — Kamala Harris “wrote off rural America" during the 2024 presidential campaign and failed to attack Donald Trump with sufficient “negative firepower," according to a long-awaited post-election autopsy released on Thursday by the Democratic National Committee.
The committee's chair, Ken Martin, shared the 192-page report only after facing intense internal pressure from frustrated Democratic operatives concerned with his leadership. Martin had originally promised to release the autopsy, only to keep it under wraps for months because he was concerned it would be a distraction ahead of the midterms as Democrats mobilize to take back control of Congress.
On Tuesday, Martin apologized for his handling of the situation and conceded that the report was withheld because it “was not ready for primetime."
Although the autopsy criticizes Democrats' focus on “identity politics,” it sidesteps some of the most controversial elements of the 2024 campaign. The report does not address former President Joe Biden’s decision to seek reelection, the rushed selection of Harris to replace him on the ticket or the party's acrimonious divide over the war in Gaza.
“I am not proud of this product; it does not meet my standards, and it won’t meet your standards,” Martin wrote in an essay on Substack on Thursday. “I don’t endorse what’s in this report, or what’s left out of it. I could not in good faith put the DNC’s stamp of approval on it. But transparency is paramount.”
A spokesperson for Harris did not immediately respond to a request for comment.
The initial reaction from Democratic operatives was a mix of bafflement and anger over Martin's handling of the situation.
“Why not say this in 2024, or bring in more people to finish it, instead of turning this into the dumbest media cycle for 7-8 months?” Democratic strategist Steve Schale wrote on social media.
The postelection report, which was authored by Democratic consultant Paul Rivera, calls for “a renewed focus on the voters of Middle America and the South, who have come to believe they are not included in the Democratic vision of a stronger and more dynamic America for everyone.”
“Millions of Americans are suffering from poor access to healthcare, manufacturing and job losses, and a failing infrastructure, yet continue to be persuaded to vote against their best interests because they do not see themselves reflected in the America of the Democratic Party,” the report says.
The autopsy points to a reduction in support and training for Democratic state parties, voter registration shifts and “a persistent inability or unwillingness to listen to all voters.”
Thursday's release comes as Martin confronts a crisis of confidence among party officials who are increasingly concerned about the health of their political machine barely a year into his term. Some Democratic operatives have had informal discussions about recruiting a new chair, even though most believe that Martin’s job wasn't in serious jeopardy ahead of the midterm elections.
The report found that Harris and her allies failed to focus enough on Trump's negatives, especially his felony convictions. This was part of a broader criticism that Democrats' messaging is too focused on reason and winning arguments, “even in cycles when the electorate is defined by rage.”
“There was a decision in the 2024 Democratic leadership not to engage in negative advertising at the scale required,” the report states. “The Trump campaign and supportive Super PACs went full throttle against Vice President Harris, but there was not sufficient or similar negative firepower directed at Trump by Democrats.”
The report continues: “It was essential to prosecute a more effective case as to why Trump should have been disqualified from ever again taking office. The grounds were there, but the messaging did not make the case.”
Trump's attack on Harris' transgender policies were cited as a key contrast.
Specifically, the report suggested the Democratic nominee was “boxed” in by the Trump campaign's “very effective” ad that highlighted Harris' previous statement of support for taxpayer-funded gender-affirming surgeries for prison inmates.
Democratic pollsters believed that “if the Vice President would not change her position – and she did not – then there was nothing which would have worked as a response," the report said.
The report criticized Harris' outreach to key segments of America while condemning the party's focus on “identity politics.”
“Harris wrote off rural America, assuming urban/suburban margins would compensate. The math doesn’t work,” the report says. “You can’t lose rural areas by overwhelming margins and make it up elsewhere when rural voters are a significant share of the electorate. If Democrats are to reclaim leadership in the Heartland or the South, candidates must perform well in rural turf. Show up, listen, and then do it again.”
The report also references Democrats' underperformance with male voters of color.
“Male voters require direct engagement. The gender gap can be narrowed. Deploy male messengers, address economic concerns, and don’t assume identity politics will hold male voters of color,” it says.
President Donald Trump speaks during an event about loosening a federal refrigerant rule, in the Oval Office at the White House, Thursday, May 21, 2026, in Washington. (AP Photo/Jacquelyn Martin)
Former Vice President Kamala Harris speaks during a fireside chat on Thursday, May 7, 2026, in Las Vegas. (AP Photo/Ty ONeil)
FILE - Democratic National Committee chair Ken Martin speaks during an interview with The Associated Press at DNC headquarters, Jan. 12, 2026, in Washington. (AP Photo/Allison Robbert, File)