Duterte camp 'not surprised' by ICC ruling; lawyer says ex-president 'big catch'
The defense team of former president Rodrigo Duterte said it was not surprised by the International Criminal Court (ICC) Appeals Chamber’s ruling affirming jurisdiction over his case, with lead counsel Nicholas Kaufman saying the former leader was unlikely to be let go as he is the court’s “big catch.”
“We weren’t really surprised about today’s decision,” Kaufman told Facebook personality Alvin and Tourism following the Appeals Chamber ruling.
He said he had already tempered expectations when he met Duterte prior to the decision.
“I said, don’t build up your hopes, and he was stoical,” he added.
Kaufman also suggested that the high-profile nature of the case factored into the outcome.
“The former president of the Philippines… is the big catch of this court, and it was never really my impression that they would let him go that easily,” he said.
‘Stoical’ but struggling
Kaufman said Duterte remained composed but had difficulty concentrating.
“Don’t forget, he’s an elderly gentleman. He’s 81 years old… It’s hard for him to concentrate these days,” he said.
He added that Duterte recently marked his birthday in detention, receiving messages of support.
Confirmation of charges next
With the jurisdiction issue settled, Kaufman said the case could quickly move to the next stage.
“It could very well happen in the very, very near future… now that jurisdiction has been settled,” he said, referring to the confirmation of charges.
He noted that the appeal ruling marks the “end of the road” for jurisdictional challenges.
Defense sees ‘weaknesses’
Despite the setback, the defense remains optimistic about the outcome of the case.
“We hope that all the weaknesses that we identified… will be the very same weaknesses that lead ultimately to… acquittal,” Kaufman said.
He added that the team will continue to pursue all possible legal strategies.
“I have a plan X,” he said when asked about next steps.
Split ruling noted
Kaufman said not all judges agreed with the decision.
“There was a judge who sided with us,” he said, noting the ruling was decided by majority.
He also claimed the court did not fully address one of the defense’s key arguments.
“They chose not to deal with one of the grounds of appeal… which was actually the strongest,” he said.
Support continues
The defense also acknowledged continued support for Duterte.
Kaufman said messages, letters, and gifts from supporters are being documented and relayed to the family.
“Truly touched by this,” he said.
Representation to continue
As of press time, Kaufman said he will continue to represent Duterte.
“It’s a privilege for me… to represent the former president,” he said.
Panelo: ICC has no jurisdiction
Meanwhile, former presidential spokesperson Salvador Panelo disputed the ruling, saying the Court violated its own Rome Statute.
He cited the principle of complementarity, which states that the ICC can only assume jurisdiction if a state is unwilling or unable to prosecute crimes.
“The Philippines has a functioning and robust legal system,” Panelo said.
He added that the country’s withdrawal from the ICC should have already removed the Court’s authority.
“Its continued assumption of jurisdiction is violative of international law and an assault on the sovereignty and territorial integrity of our country,” he said.
Panelo further claimed the ruling was meant to justify the ICC’s continued existence.