The defense team of former president Rodrigo Duterte bared its plans for the confirmation of charges hearing set on Sept. 23 in The Hague, Netherlands, which is critical for the progression of the crimes against humanity case against him.
Former president Rodrigo Duterte and his lead counsel Nicholas Kaufman (Screengrab from ICC, ABS-CBN News videos)
In a three-page document uploaded to the International Criminal Court (ICC) website on Aug. 22, lead counsel Nicholas Kaufman said that the defense team will spend 30 minutes for its opening statement and another 30 minutes for its closing statement.
Its oral presentation, wherein the defense “will expand, inter alia, on a number of core legal issues which concern the modes of liability imputed to Mr. Duterte and the contextual requirements of crimes against humanity,” is expected to last between three and four hours.
Kaufman reiterated that Duterte remains not guilty of the charges against him.
“For the sake of clarity and the historical record, Mr. Duterte did not commit any criminal offence. Mr. Duterte served his city and country, faithfully and with pride, for many years,” the document read.
Earlier, the defense team renewed its request for the former president to be released to an undisclosed territory.
In a heavily redacted document, the defense team argued that Duterte is not a flight risk and that he will continue to comply with the conditions of his release.
“For the sake of clarity, the Defence informs the Pre-Trial Chamber that the [REDACTED] continues to affirm its willingness to cooperate with the Court, to accept Mr. Duterte onto its territory, and to enforce conditions of release,” the document said.
This was after it earlier requested the ICC Pre-Trial Chamber I (PTC I) to defer the decision on the former president’s appeal for interim release because ICC Pre Trial Chamber I granted Duterte’s request to defer the decision on his appeal for interim release “until such time as the defense has assembled all information necessary.”
Meanwhile, the ICC Appeals Chamber named Judge Luz del Carmen Ibáñez Carranza as the presiding judge for the defense team’s request to disqualify ICC Prosecutor Karim Khan for conflict of interest because of his participation in a case involving the drug war policy in the Philippines.
The ICC website said Carranza, a Peruvian national, has been a judge since March 2018. Her term will end in March 2027.
Before joining the ICC, she was a senior national prosecutor in Peru's specialized system for the prosecution of crimes such as terrorism, grave violations of human rights, and crimes against humanity.
She holds a master’s degree in criminal law and a doctorate in law degree from the Universidad Inca Garcilaso de la Vega in Peru. She obtained her degrees in law and political science from the Universidad Nacional de Trujillo.
A professor of law for 22 years, Carranza’s academic experience spans expertise in criminal law, criminal procedure, and human rights law.