Victims' counsel warns against possible delays as Duterte switches ICC lawyers

Victims’ counsel Kristina Conti has raised concerns that former president Rodrigo Roa Duterte’s change of legal representation at the International Criminal Court (ICC) could become a new source of delay, even as victims press the court to proceed to trial “at the soonest possible time.”

Conti said the victims acknowledge Duterte’s legal rights but want firm assurances that the transition will not disrupt the schedule set by Trial Chamber III, which is preparing for a 27 May status conference.

“The accused Rodrigo Duterte does have the right to counsel of choice. But victims want to be assured that the change will not result in any delay,” she said. 

“A new lawyer does not automatically reset time or give rise to new remedies available to the accused,” Conti added.

On 8 May, international defense lawyer Nicholas Kaufman, who has represented Duterte since the ICC pre-trial stage, withdrew as the former president's defense. 

Meanwhile, the Common Legal Representatives of the Victims urged the ICC to maintain Duterte’s detention, arguing before the chamber that the risks justified custody. 

In their 8 May filing, they noted the circumstances that warranted Duterte’s detention remain fully in place, and that keeping him in custody is still “strictly necessary” to secure his presence at trial and protect the integrity of the proceedings.

The lawyers for Duterte, however, have asked the ICC to reconsider his detention, citing that the former president has “lost his balance and collapsed several times” since his surrender to the ICC in March 2025.

Before submitting a formal request for Duterte’s release or eased detention conditions, the defense first urged the chamber to compel the ICC Registry to turn over surveillance videos showing his falls, as well as medical records documenting his health monitoring.

Duterte is charged with three counts of crimes against humanity stemming from drug war killings. Victims’ lawyers argue that keeping him detained remains crucial as the proceedings advance toward trial.

The 27 May status conference will address readiness of the parties, procedural timelines, and next steps as the court edges closer to opening arguments.