Former president Rodrigo Duterte’s legal team has welcomed the International Criminal Court’s (ICC) decision to defer ruling on the urgent request for his interim release, as the defense seeks more time to present additional information deemed crucial to the case.

Duterte's lead counsel, Nicholas Kaufman, said this after the ICC Pre-Trial Chamber 1 granted their request to defer the adjudication on his interim release petition on July 23.

In an interview with the media in The Hague, Kaufman said the postponement was necessary to address delays in acquiring key materials and to properly support their petition for the former president’s temporary release.

“We want to have all the information necessary to promote a claim for interim release,” he said.

“We still require crucial information… but because of various obstacles and delays, we haven’t received it,” he added.

Kaufman denied that the move to defer adjudication was a stalling tactic, saying the pre-trial chamber was fully aware of the reasoning behind their petition and would see it as a legitimate legal request.

“I don’t deliberately stall anything,” he said.

“I do what I believe is the best thing to do for the interests of my client,” he added.

He emphasized that while much of the case remains confidential, including the nature of the delays, the defense believes the missing information could have a bearing on whether the confirmation of charges hearing should proceed.

The ICC prosecution has so far disclosed more than 1,200 items of evidence related to alleged crimes against humanity under Duterte’s term, with some documents running hundreds of pages each.

“It’s an immense amount of information… We’re busy learning that evidence,” Kaufman said.

Despite the mounting case materials and ongoing concerns, Kaufman clarified that they have not formally sought a postponement of the confirmation of charges hearing set for Sept. 23.

“At the present moment in time, the defense hasn’t asked to postpone the confirmation of charges hearing,” he said, although he acknowledged that certain unresolved issues could “potentially bar the holding” of that proceeding.

He also noted that the court may deliver consequential rulings at the end of the judicial calendar, in line with past practice.

Kaufman also welcomed a proposal from several senators to formally request the ICC to allow Duterte to serve house arrest in The Hague, calling it a reflection of public sentiment.

“Such an initiative is to be welcomed because it expresses the will of the people,” he said.

“However, the judges rule on evidence and risk factors… regardless of what senators say,” he added.

Kaufman stressed that the court must approve such an arrangement and that any interim release must comply with jurisdictional and security procedures involving the host country, the Netherlands.

Asked whether his team would pursue a separate legal remedy under Dutch law to challenge Duterte’s detention, as floated by former presidential spokesman Harry Roque, Kaufman dismissed the idea as misguided.

“This is not the first time I’ve heard such a crazy scheme,” he said.

“To initiate a case in the Netherlands against the Netherlands would be a big mistake,” he added.