DAVAO CITY – Former Philippine President Rodrigo Duterte’s British-Israeli counsel, Nicholas Kaufman, expressed continued trust in the tribunal’s judges amid growing political pressure on the ongoing International Criminal Court probe against Duterte.
In an interview with Alvin & Tourism on Monday evening, June 30, Kaufman shared that former President Duterte remains “in good spirits” despite the gravity of the legal challenges before him.
KAUFMAN
This follows the ICC plenary’s rejection of the former President’s motion to disqualify two judges from hearing the case on a unanimous vote.
“I trust the judges, and I trust the judges made their decision for the right reasons. Furthermore, new information has come to light which I’m not at liberty to disclose, but it would have made a difference had I known about it before I made the request,” Kaufman said.
Kaufman refused to impugn the court’s impartiality, emphasizing his continued confidence in its mandate under the Rome Statute. He said that, as far as he is concerned, the judges are doing their job.
Kaufman remained cautious when asked about the potential legal consequences should the case advance to prosecution. He said he hopes this case won’t proceed to prosecution, especially with the several live issues they are litigating at present.
Clarifying apparent inconsistencies regarding the Office of the Prosecutor’s stance on former President Duterte’s interim release, Kaufman maintained that there was initially “non-opposition” from one country’s representative.
However, he admitted that the prosecution later formally opposed the request, which he could not argue in the media. Kaufman confirmed the interim release remains pending.
Kaufman hoped a ruling would be issued within the month, subject to procedural replies and deliberation under the court’s expedited standards.
Kaufman dismissed reports suggesting that Belgium and Australia declined to host Duterte during a possible interim release, refusing to confirm any potential host nation.
“These matters are confidential,” the lawyer said, attributing the rumors to speculation based on known ICC interim release agreements.
He offered a similar stance when asked about claims by Philippine Justice Secretary Jesus Crispin Remulla regarding a supposed Latin American host country—believed by some to be Argentina—saying only that such assumptions appear based on public treaty records.
Kaufman said the former President’s election as Davao City mayor was a “vote of support,” not a mandate to govern, since the interim release terms bar him from public duties and outside communication.
“He’s sitting here in a prison. Physically, he’s not able to govern at the present moment. It would be irresponsible for him—and he has told me that,” Kaufman said.
Asked about the definition of “family” under the release conditions, Kaufman deferred, stating that the court would ultimately define the scope.
Kaufman responded to reports that the Philippine Department of Justice may be sponsoring witnesses against former President Duterte. He did not confirm the claims but said they would be questioned in court if they were true.
As for the former President’s legal options under Dutch domestic law, Kaufman dismissed suggestions that any remedy could be sought, clarifying that Duterte remains under ICC jurisdiction, not Dutch courts.
Kaufman confirmed he requested a meeting with Sen. Imee Marcos, praising her role in Senate hearings and the report she authored on the ICC investigation.
“I was impressed by what she had to say,” Kaufman said, noting the report has not yet been made public.
He acknowledged the role of civil society and victim representation in the process, affirming that the Office of Public Counsel for Victims has been allowed to weigh in on the interim release motion.
Kaufman urged Filipinos to “respect the judicial process,” rejecting claims of witness intimidation or judicial harassment by former President Duterte’s supporters. He said there have been many rumors and claims, but all are not true.