Atty. Nicholas Kaufman, lead defense counsel for former President Rodrigo Duterte, took center stage on Monday, February 23, as the International Criminal Court (ICC) opened its confirmation of charges hearing — a pre‑trial process to determine if there is enough evidence to send Duterte to trial on alleged crimes against humanity.
In his opening statement, Kaufman told ICC judges that Duterte “maintains his innocence absolutely” and stands “behind his legacy resolutely,” rejecting the prosecution’s portrayal of the former leader’s actions. He described Duterte as “a unique phenomenon … full of hyperbole, bluster, and rhetoric,” arguing that many of the former president’s speeches cited by prosecutors were taken out of context and lacked “lethal intent.”
Kaufman also urged the court to consider Duterte’s humanity and his role for the Filipino people, saying, "We will ask you to send Rodrigo Duterte back to his family, and we will ask you to give back to the Filipino people their Tatay Digong.”
This appeal underscored the defense’s strategy of portraying Duterte as a devoted father and national figure rather than a criminal mastermind.
He further argued that the evidence against Duterte was “wholly insufficient” and that the charges were “grievously misplaced and politically motivated,” signalling an aggressive approach focused on undermining the prosecution’s case rather than admitting any wrongdoing. Before the hearing, Kaufman noted that the defense would begin with a brief opening speech while the prosecution would follow with evidence presentations later in the day.
Ahead of the hearings, Kaufman’s team requested additional disclosures from the ICC about prosecution witnesses, arguing the defense was at a disadvantage with redacted documents, a request denied by the court to protect witness privacy.
Legal analysts say Kaufman’s approach, challenging the sufficiency and interpretation of evidence rather than presenting alibi witnesses at this stage, reflects a broader strategy to prevent the charges from being confirmed and block the case from moving forward to trial. Judges now have up to 60 days to decide whether the prosecution has shown substantial grounds to believe that Duterte committed the alleged crimes.
