ICC lawyer confident of Duterte’s acquittal

By Tracy Cabrera

British-Israeli barrister and International Criminal Court (ICC) lawyer Nicholas Kaufman has expressed confidence in the acquittal of former president Rodrigo Roa Duterte in the crimes against humanity complaint filed before the Netherlands-based tribunal.

Vice President ‘Inday’ Sara Duterte-Carpio recently announced Kaufman’s appointment as her father’s lead counsel. Kaufman’s legal expertise spans high-profile clients, including celebrities and politicians worldwide. He previously served as a trial lawyer at the international court for the former Yugoslavia and later as a defense counsel for the ICC.

Following his acceptance of the role, Kaufman stated, “I am very confident about the strongest defense and (that Duterte would be) acquitted indeed, even at the earliest stage.”

Meanwhile, an expert in international law noted that the time gap between Duterte’s initial ICC appearance last Friday and the confirmation of charges on September 23 would be crucial for his legal team.

Atty. Joel Ruiz Butuyan, president of the Center for International Law and managing partner of the Butuyan and Rayel Law Offices, emphasized that the six-month period would allow Duterte’s lawyers to thoroughly prepare their defense. He added that this period presents an “opportunity” to raise legal challenges before the ICC.

“Usually, what will happen is that they will file their challenge, and the (ICC) prosecutor is going to… submit its counter-arguments, and then the ICC, the Pre-Trial Chamber, is going to rule,” explained Butuyan, an ICC-accredited lawyer.

He also stressed that the most critical aspect of this waiting period is the prosecution’s disclosure of evidence, which will enable Duterte’s legal team to prepare for trial.

“At the ICC, the prosecutor is obliged to give him the evidence they gathered that favors him or can help in his defense,” Butuyan said, noting that this privilege is not available in Philippine courts.

However, former Bayan Muna party-list representative Neri Colmenares, one of the co-counsels for the victims of Duterte’s drug war, clarified that the September hearing would focus on the defense’s objection to the charges rather than the arrest process.

This clarification came in response to Duterte’s former spokesperson, Atty. Herminio ‘Harry’ Roque Jr., who previously stated that they would challenge the manner of Duterte’s arrest and the ICC’s jurisdiction over the Philippines, given its withdrawal from the Rome Statute in March 2019.

Roque, also an ICC-accredited lawyer, is part of Duterte’s defense team alongside former executive secretary Salvador Medialdea.