Duterte defense overhaul seen as a stalling move

Legal counsel for victims of the Philippine drug war said Sunday the withdrawal of former President Rodrigo Duterte’s lead defense lawyers before the International Criminal Court (ICC) would not weaken the crimes against humanity case against him.

Maria Kristina Conti, assistant counsel for victims before the ICC, described the resignation of lead defense counsel Nicholas Kaufman and associate lawyer Dov Jacobs proceedings.

“Whoever Duterte’s lawyers are, the evidence will not change. And the evidence already presented shows there were killings that were widespread or systematic,” Conti said in Filipino during a radio interview.

The ICC earlier confirmed three counts of alleged crimes against humanity against Duterte tied to killings linked to his anti-drug campaign from 2011 to 2019, covering both his time as Davao City mayor and as president. 

Prosecutors claimed Duterte and his “co-perpetrators” carried out a “common plan” to neutralize suspected criminals and drug personalities through systematic killings.

The confirmation of charges covered 78 alleged murders, including the deaths of six minors, as well as killings attributed to the so-called Davao Death Squad. 

‘Counteroffensive’

ICC judges earlier ruled there were “substantial grounds” to believe Duterte acted as an indirect co-perpetrator in the crimes.

Conti said the victims’ camp expects Duterte’s incoming legal team to be more restrained publicly, noting that Kaufman had been highly active in media engagements.

She said the focus of the victims’ side remains on encouraging more victims to participate in the trial rather than engaging in public exchanges with the defense.

“If we focus too much on that, it becomes a counteroffensive. We might lose focus on what the case is really about,” she said in Filipino.

The ICC has scheduled a status conference on 27 May to discuss the trial timetable, evidence submissions and Duterte’s detention conditions.

Conti also disclosed that before stepping down, Kaufman sought access to CCTV footage from the detention facility following reports that Duterte had allegedly fallen or tripped inside the ICC detention center.

Interim release

She said the request could signal a possible attempt by the incoming defense team to explore an interim release for the former president.

“They did not outright request an interim release yet. But they wanted to review CCTV footage because there were reported incidents in which he allegedly fell. The next lawyers will probably study what they can do with that,” Conti said in Filipino.

Conti argued, however, that requests for interim release are typically evaluated based on flight risk or the possibility of committing further crimes, not on the condition of detention facilities alone.

Duterte has been detained at The Hague since 12 March 2025 after the Marcos administration coordinated with Interpol and enforced the ICC warrant upon his arrival from Hong Kong, a move critics and Duterte allies said effectively handed the former president over to the international tribunal “on a silver platter.” 

Recent reports also indicated that the ICC had issued a sealed warrant linked to Sen. Ronald “Bato” dela Rosa, Duterte’s former police chief and chief architect of the anti-drug campaign, although authorities have yet to officially confirm the development.

The ICC itself denied issuing a warrant against the senator.

Duterte’s trial proceedings are expected to begin within six months to one and a half years.