THE HAGUE — Rodrigo Duterte’s lead counsel, Nicholas Kaufman, is pushing to have the International Criminal Court (ICC) dismiss the case against the former Philippine president before it reaches trial, arguing that the court lacks jurisdiction.
In an interview with AFP, Kaufman stated that the Philippines had already withdrawn from the ICC before an investigation was authorized, which he believes undermines the court’s authority to prosecute Duterte.
“Coming back to the jurisdictional point, obviously you don’t need to be the dean of a law faculty to realize that that’s going to be a huge issue at pre-trial,” Kaufman said. “I think that the jurisdictional argument is compelling as defense counsel. I believe that it should succeed and I would be hugely disappointed if it doesn’t.”
The former president, 80, faces charges of crimes against humanity in connection with his war on drugs, which led to thousands of deaths. While the ICC asserts that the alleged crimes occurred when the Philippines was still a member, Kaufman hopes to convince the court to drop the case before the confirmation of charges hearing scheduled for September 23.
Duterte’s Arrest Sparks Controversy
Another key defense argument centers on Duterte’s arrest on March 11 and his immediate transfer to the ICC detention facility in The Hague. Kaufman strongly criticized the process, calling it a “kidnapping” and an “extrajudicial rendition” that violated Philippine law.
“He was given no due process, just slung over to The Hague,” Kaufman asserted. “The politics in that country basically ended up in a situation where they needed to get him out of the picture. The incumbent government did not want him in the picture anymore.”
Duterte’s detention followed a rift between the powerful Duterte and Marcos families, who had formed an alliance in the 2022 elections. His daughter, former Vice President Sara Duterte, was recently impeached amid political tensions.
Adapting to Detention
Kaufman, who frequently visits Duterte in detention, said his client is adjusting to prison life but remains in “good spirits.” However, he expressed concern that the ICC, which is facing criticism and political pressure, might be reluctant to drop such a high-profile case.
“My only fear is that this court is starved of cases at the present moment and might be loath to let a case like that go, to slip through its hands,” Kaufman noted.
The defense is expected to present its arguments before the court in the coming months, as the legal battle over Duterte’s fate continues.
