Duterte's lead defense counsel says he 'should go back to the Philippines as soon as possible'
The British-Israeli lead defense counsel of Rodrigo Duterte said the former president "should go back" to the country "as soon as possible" amid his detainment in The Hague in the Netherlands for alleged crimes against humanity.
Nicholas Kaufman, speaking with reporters outside the International Criminal Court on March 20, claimed that Duterte is being "illegally detained" there after he was reminded that his client's daughter, Vice President Sara Duterte, is seeking to bring him back to the Philippines before or after the midterm elections in May.
"Why not?" Kaufman said. "That's his country, that's where he was born. Why should he not go back?"
"I mean, as far as I'm concerned here, he's being illegally detained," he said. "He should go back to the Philippines as soon as possible."
A reporter also asked whether Kaufman would file any motion or petition to make that happen, only for him to dismiss the question.
"I think you're trying to draw me on the chronology of when I'm intending to introduce an application for interim release," he said, adding that it's "par for the course" at the ICC.
Michael Tiu Jr., the head of the international criminal law program of the UP Institute of International Legal Studies, previously said an ICC prisoner may opt for interim release pending trial under certain conditions. These include not traveling beyond territorial limits, associating with certain persons, not contacting victims or witnesses, engaging in certain professional activities, residing in a specified address, responding to the ICC when summoned, posting bond, and supplying all identity documents, particularly the passport.
"I'll file it when I feel it's appropriate," Kaufman said.
The lawyer was also asked whether people have reached out to him after he noted that Duterte has "many, many" supporters who would "gladly give out of their own pockets" to ensure his homecoming.
Kaufman noted that people "love the former president."
"I'm sure they would love to pay out of their own pocket just to ensure that he has the proper defense," he added.
Kaufman also said Duterte has been "in good spirits" inside the detention center.
Sara, however, in a Zoom press briefing that same day after her appearance at the Senate Committee on Foreign Relations hearing into Duterte's arrest, noted that her father may not be brought back to the Philippines anymore.
“Sa totoo lang, wala talaga akong nararamdaman," she said. "Hindi ako galit, hindi ako disappointed. Nothing at all. Kasi pointless naman na… mag-harbor ako ng feelings about what happened. Hindi na siya maibabalik. Hindi na mababalik si Pangulong Duterte sa Pilipinas."
The vice president called on supporters to "move on from what happened."
"Pero walang magagawa laban sa kanila. So, we should move forward from what happened. The country should decide, the people should decide saan ba tayo papunta,” she said of the Marcos administration, whom her camp has been accusing of politicking and orchestrating Duterte's arrest.
Duterte's ex-wife to go to The Hague
Sara told reporters that Duterte's ex-wife, her mother Elizabeth Zimmerman, would go to The Hague.
"My mother is coming," she said. "Nagdecide siya last night. Whether or not makapasok siya, pupunta daw siya."
Duterte married Zimmerman in 1973. They share three children: Paolo, Sara, and Sebastian. In 1998, Zimmerman filed a petition before the Regional Trial Court in Pasig to nullify their marriage. Two years later, the court approved her petition.
Duterte was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the International Criminal Court via the International Criminal Police Organization.
Duterte is 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 is 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.
The ICC is 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.
Though Duterte withdrew the country's membership from the ICC in 2018, which took effect the following year, the ICC said it still has jurisdiction over crimes that happened while the Philippines was still a member-state.
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.
His pre-trial hearing is on Sept. 23, 2025.
If the charges against him are confirmed, it could be months before the case eventually goes on trial, and years before a final judgment is rendered.
