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PROFILE: Duterte's ICC defense team

Published Mar 17, 2025 2:02 pm Updated Mar 19, 2025 4:29 pm

Editor's Note: This article has been updated following Vice President Sara Duterte's announcement on March 19 regarding former President Rodrigo Duterte's legal team.

Rodrigo Duterte's legal defense team is coming together as the former president awaits his next appearance before the International Criminal Court.

On March 15, Vice President Sara Duterte announced that British-Israeli lawyer Nicholas Kaufman would serve as Duterte's lead counsel.

The vice president, however, clarified on March 19 that contrary to earlier reports, former executive secretary Salvador Medialdea and former presidential spokesperson Harry Roque would not be part of the defense team.

An ICC-accredited lawyer, Roque previously announced in a press conference that he was seeking to be added as Duterte's legal counsel.

Meanwhile, Duterte designated Medialdea, who's not an ICC-accredited lawyer, as one of his counsels in his first appearance via a handwritten power of attorney document on March 14.

According to ICC assistant to counsel Kristina Conti, Duterte cannot be represented by just any lawyer as they have to be accredited by the international tribunal itself. 

'A strong defense'
Nicholas Kaufman

Speaking to reporters on Tuesday, Kaufman, an accredited lawyer of the ICC, says he intends to provide “a strong defense” against the former president’s crimes of humanity charges at the international court. He also said he “certainly hope[s]” to bring Duterte home. 

According to his LinkedIn profile, Kaufman touts himself as "one of the leading advocates specializing in international criminal law, supra-national regulatory law and commercial arbitration."

He previously served as a prosecutor at the International Criminal Tribunal for the former Yugoslavia, during which he represented and advised high-profile businessmen, politicians, and government officials.

Kaufman specializes in International Regulatory Law, European Union Regulatory Law, International Criminal Law, International Human Rights Law, International Reputation Management, and State-Investor Arbitration.

In the past, he served as the legal counsel of former Central African Republic’s militia leader Maxime Jeoffroy Eli Mokom Gawaka before the ICC.

He also counseled former Libyan dictator Muammar Gaddafi's daughter Aisha, who sought an investigation into the circumstances surrounding her father's death at the international tribunal.

Kaufman attained his degree in law at the University of Cambridge in 1989 and studied at the Inns of Court School of Law in 1991.

Duterte's arrest

Duterte was arrested on March 11 and was brought to the Villamor Air Base upon arriving at the Ninoy Aquino International Airport from Hong Kong.

He 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.

On March 14, the controversial ex-leader attended his first hearing through a video link where he was informed of his alleged crimes against humanity and his rights as a defendant.

His next appearance is set for Sept. 23 for the next stage of the process, a hearing to confirm the charges.

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

At the confirmation of charges hearing, the judges will decide whether the prosecution has presented enough evidence for the case to go to trial.

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

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