FUGITIVE Harry Roque for the nth time must be wondering why he has yet been tapped to take the lead role in defending former President Rodrigo Duterte before the International Criminal Court (ICC).
Duterte, who is facing multiple charges of muder in connection with the bloody war against drugs during his incumbency as Philippine President, is entering the crucial stage of the ICC hearing with a new lead counsel following the “resignation” of British-Israeli lawyer Nicholas Kaufman.
According to Kaufman, his one -year service engagement ended on March 31 as stipulated in the contract.
SAD TO LEAVE
With Kaufman’s departure, Duterte will be represented by an ICC-accreditted lawyer as lead counsel to call shots for a restructured legal team as the case moves forward the trial proper phase.
In a message to reporters he said he was “sad to leave” and that it “was a privilege” to represent the former Philippine president, whose reign was marked by a bloody war on drugs.
Duterte had accepted his potential fate — dying in prison.
FIRED BY SARA
Interestingly, information circulating locally hinted the possibility that Duterte’s daughter, Vice President Sara – who has been in the Hague this week – could have forced Kaufman to quit.
It has remained unsubstantiated though even as VP Sara previously affirmed trust and confidence in Kaufman and stated early this year that Kaufman would not be replaced despite pressures.
The filing (of Kaufman’s resignation to the ICC) is said to indicate that the change is a mutual decision to restructure rather than a falling out, with Kaufman noting he was leaving his client in “safe hands.”
SECOND TO QUIT
Kaufman is the second major figure to depart the defense team, following the withdrawal of French lawyer Dov Jacobs.
Under the Hague-based existing rules, the ICC Trial Chamber III must approve the withdrawal
Before he could formally leave the defense team, Kaufman would have to secure the approval of the Trial Chamber (TC) III, which is handling Duterte’s case.
In the redacted version of his request to withdraw on May 8, Kaufman said he has spoken with Duterte, who told him of his plan to hire another counsel.
READY TO RUMBLE
The name of the new lawyer who will lead the restructured defense team was redacted in the filing, but he was referred to as a “he.”
“Counsel has spoken to [REDACTED] who has indeed confirmed that he is ready, willing and able to assume immediate representation and that his terms of engagement have been agreed,” reads part of Kaufman’s three-page withdrawal request as reported by the Inquirer.
Kaufman vouched for his replacement, saying: “I am convinced that the continuity and efficacy of Mr Duterte’s representation will remain assured through [REDACTED], who has a wealth of experience at the International Criminal Court, and the existing defence team. Counsel thanks [REDACTED] for his extremely graceful, supportive and collegial approach.”
STATUS CONFERENCE
Kaufman said he had briefed the unnamed new counsel, who assured him that he would be able to prepare and attend the status conference slated on May 27.
The status conference marks the formal start of the proceedings at the trial stage as parties were asked to submit documents and materials, including evidence that will be used during trial proper.
The ICC allowed lawyer Dov Jacobs to withdraw as associate counsel of Duterte, as lead defense counsel Kaufman also sought permission to leave.
Trial Chamber III in The Hague granted Jacobs’ request on May 8, saying it saw that “no prejudice arises or inconvenience is caused” by his withdrawal since Duterte remained represented by lead counsel and the “existing defense team.”
INDIRECTLY FIRED
Kaufman’s own request to withdraw, also dated May 8, was made public on Friday.
The British-Israeli lawyer claims to have met Duterte who disclosed plans to restructure the defense team — and tap somebody else to take the lead.
Jacobs, a French lawyer, likewise admitted that said his decision quit was prompted by Duterte’s plan to reorganize the team ahead of the trial proper.
The name of Kaufman’s replacement was redacted in the filing, although the incoming counsel was referred to as “he.”
HIGHLY RECOMMENDED
“Counsel has spoken to [REDACTED] who has indeed confirmed that he is ready, willing and able to assume immediate representation and that his terms of engagement have been agreed,” part of Kaufman’s three-page request read.
Kaufman vouched for the incoming counsel, saying Duterte’s representation would continue without disruption.
“I am convinced that the continuity and efficacy of Mr Duterte’s representation will remain assured through [REDACTED], who has a wealth of experience at the International Criminal Court, and the existing defence team,” Kaufman said.
DUTERTE CHARGES
The 81-year-old Duterte is facing three counts of crimes against humanity.
The prosecution selected the alleged murders as “emblematic,” with rights groups and ICC prosecutors putting the total number of dead in the thousands.
The first count concerns Duterte’s alleged involvement as a co-perpetrator in 19 murders from 2013 to 2016, when he was Davao City mayor.
The second covers 14 murders of so-called “High Value Targets” in 2016 and 2017, when he was president.
The third involves 43 murders allegedly committed during “clearance” operations against lower-level suspected drug users or pushers across the Philippines from 2016 to 2018, Inquirer quoted the Agence France Presse.
Following a weeklong hearing in February, pretrial judges concluded there were substantial grounds to believe that Duterte had been behind the killings.
FAREWELL MEETING
Ahead of the May 27 status conference, which marks the formal start of the trial-stage proceedings, Duterte reportedly met Kaufman and other members of the defense team.
No less than Kaufman himseld admitted visiting Duterte on Thursday, May 7, where the former president told them of “his desire to hire replacement counsel.”
The lawyer represented Duterte from the former president’s arrest on March 11, 2025, until the release of the ICC appeals chamber’s ruling on Duterte’s challenge to jurisdiction in April, Rappler reported.
On April 23, the ICC Pre-Trial Chamber confirmed all the charges against Duterte.