Duterte's defense team working on his interim release

According to ICC rules, an interim release has conditions. These include not traveling beyond territorial limits, associating with certain persons, not contacting victims or witnesses, engaging in certain professional activities, and residing in a specified address.

Someone under interim release must also respond to the ICC when summoned, post bond, and supply all identity documents, particularly the passport.

'Compelling argument'

Kaufman noted there's a "compelling argument" that the ICC has no jurisdiction over the Philippines. Duterte withdrew the country's membership from the ICC in 2018, which took effect the following year.

"It's an issue which has been through the Philippine courts. It's an issue that's been through the ICC as well," he said. "It's an argument that the defense will raise. This is something that has been argued over the last number of years."

Despite the withdrawal, the ICC said it still has jurisdiction over crimes that happened while the Philippines was still a member-state.

It said it's acting based on the principle of complementarity, which means that it's only stepping in if a state's courts are unwilling or unable to prosecute crimes within their jurisdiction.

In any case, Kaufman, who had undergone an operation recently, said he's ready to defend Duterte in court.

"My duty is to do my absolute best for Mr. Duterte," he said, "and I hopefully will ensure his acquittal. [Prosecutor Karim] Khan's duty is to ensure that justice is done, and I trust that he will do that."

'No interference with the judicial process'

Kaufman also took note of the "huge outpouring of support" for Duterte in the Philippines and in the Netherlands.

"That has touched him. He's been made aware of it and is very grateful for that," he said.

But he reminded supporters that according to Duterte himself, there should be "no interference with the judicial process."

"He’s aware of what’s going on in the Philippines," Kaufman said. "Politics will take its course. But that has nothing to do with what’s going on here at The Hague, [which] is a judicial process."

Kaufman pointed out that there should be "full respect" for all participants in the process: the prosecution, the defense, the victims, and the counsel, "who will make their submissions in due course."

Throngs of Duterte supporters have held demonstrations in front of the Scheveningen Prison since he was taken into custody. During his birthday on March 28, they held picnics in the area.

Back in the Philippines, the ex-president's advocates have also been holding rallies. Others take to social media to show their support, even commenting on the ICC's social media pages to release him.

Duterte's arrest

Duterte was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.

He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Roman Statute."

Specifically, he was allegedly involved in the murder of at least 19 persons reported to be drug pushers or thieves who were killed by members of the Davao Death Squad in various locations in or around Davao City between 2011 and 2016, as well as the murder of at least 24 alleged criminals who were killed by or under the supervision of members of the Philippines law enforcement at various locations in the country between 2016 and 2019 during his term as president.

Duterte arrived in The Hague on March 12 to face the charges against him.

He could be the first Asian former head of state to be indicted by the ICC.

If the charges against Duterte were confirmed, it could be months before the case eventually goes on trial, and years before a final judgment is rendered.