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Duterte replaces defense team ahead of ICC trial

Janvic Mateo - The Philippine Star
Duterte replaces defense team ahead of ICC trial
Nicholas Kaufman
ICC / Released

MANILA, Philippines — Former president Rodrigo Duterte has tapped a new defense lawyer as part of a move to reorganize his defense team ahead of his crimes against humanity trial at the International Criminal Court (ICC).

Both of his primary defense lawyers – lead defense counsel Nicholas Kaufman and associate counsel Dov Jacobs – have filed their respective requests to withdraw as counsel before the ICC Trial Chamber III, filings released on Friday night showed.

Jacobs, a French lawyer, was the first to submit his request on Thursday.

“This Request is submitted at the request of Lead Counsel who has informed me that Mr. Duterte has expressed an interest in reorganizing his defense team for the trial phase,” he told the trial judges.

“My withdrawal will not affect the continuity of Mr. Duterte’s representation, which remains assured through Lead Counsel and the existing defense team,” he added.

The trial chamber approved Jacobs’ request on Friday.

On the same day, Kaufman, a British-Israeli, filed a similar request, saying he was originally engaged to represent Duterte only for the period of one year.

“This engagement terminated on 31 March 2026,” he told the judges.

New lawyer

Kaufman said the former president expressed his desire to hire a replacement counsel, whose identity was redacted in the three-page filing.

“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. Counsel informed [REDACTED] of pending deadlines and [REDACTED] assured him that he will be able to attend the status conference set for 27 May 2026,” read the defense lawyer’s filing.

“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 defense team. Counsel thanks [REDACTED] for his extremely graceful, supportive and collegial approach,” he added.

The Trial Chamber III has yet to act on Kaufman’s request. No filing has been made public regarding the new counsel for Duterte.

Sad goodbye?

Kaufman, in a message to reporters, said he was sad to leave the former president.

“It has been a privilege for me to represent the former president. I thank both him and the many thousands of supporters who have shown their appreciation for my efforts on his behalf,” he said.

“If my withdrawal is approved, I am convinced that I will be leaving Tatay Digong in safe hands. May God bless the former president, the Duterte family and the Filipino nation. Daghang salamat!” added Kaufman.

No delay

Kristina Conti, who represents some of the drug war victims, said they will take Kaufman’s commitment that there will be no delay in the trial despite the changes in the defense team.

“The accused Rodrigo Duterte does have the right to counsel of choice. But victims want to be assured that the change will not result in any delay. A new lawyer does not automatically reset time or give rise to new remedies available to the accused,” she said.

“Victims will course their views and concerns, as before, through the common legal representatives who will stand for them in court on May 27th. The general sentiment here is that victims prefer trial begin the soonest possible,” Conti added.

For the Panagutin Network in the Netherlands, Kaufman’s withdrawal indicates that the case against Duterte is practically indefensible.

“Kaufman’s tactics to file several appeals questioning the ICC’s jurisdiction and, most recently, his critique of various technicalities involved in the handling of the case have all fallen flat following the unanimous decision of the ICC judges to set aside his arguments,” it said.

“This demonstrates that all of the legal maneuvers of Duterte’s defense team thus far have all been mere delay tactics, and that there is no real defense to argue,” it added.

ICC

NICHOLAS KAUFMAN

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