

The International Criminal Court (ICC) released a public redacted version of a filing from former Philippine President Rodrigo Duterte’s legal counsel early Friday morning (PH time).
The document addresses a confidential request by the Prosecution regarding the potential mishandling of sensitive case information by specific individuals associated with the defense.

Photo from ICC
In the filing dated March 26, 2026, lead counsel Nicholas Kaufman issued a firm rebuttal to the Prosecution’s concerns, providing a series of "guarantees" to the Court to settle the matter without further judicial intervention.
The legal team emphasized that the individuals mentioned in the Prosecution’s "peculiar" filing—whose identities remain redacted in the public version—are strictly barred from accessing the inner workings of the case.
Kaufman detailed five specific points of assurance, stating that the individuals will not receive any disclosure or access to non-public filings; they are denied access to any non-public information arising from the conduct of the case; and they are not entitled to legally privileged meetings or communications with Mr. Duterte at the Detention Centre.
The defense argued that these measures ensure no breach of confidentiality has occurred or will occur, rendering the Prosecution’s initial request unnecessary.
‘A "Benevolent" Rebuttal’
The filing was notable not only for its legal arguments but also for its sharp, witty tone. Kaufman dismissed the Prosecution's filing as an "implied suggestion" that the defense might be violating the Code of Professional Conduct.
"Since spring is in the air and Counsel is feeling remarkably benevolent, he will not take offence at the unnecessary nature of the Request," the filing stated.
Kaufman further advised the Senior Trial Lawyer of the Prosecution to be more skeptical of media reports, suggesting they "not believe everything he reads in the papers"—unless the reports concern his client’s innocence.
The exchange comes as the ICC continues its proceedings regarding the "War on Drugs" during Duterte’s administration.
The release of this redacted response highlights the ongoing tension between the Office of the Prosecutor and the defense team over the management of evidence and the influence of external entities.
The Pre-Trial Chamber has yet to issue a final ruling on whether further safeguards are required, though the defense maintains that their voluntary affirmations should suffice.
