Duterte's lawyer expects acquittal

(UPDATE) FORMER president Rodrigo Duterte's lead counsel, British-Israeli lawyer Nicholas Kaufman, said his client is optimistic and eager to defend himself before the International Criminal Court (ICC), where he faces trial for crimes against humanity in connection with his bloody war on drugs.

Kaufman, who said that he had "been involved in quite a few cases" before the ICC, expressed confidence that the defense team had a strong enough case for the former president's acquittal.

He said they are developing a strong defense strategy, which may involve presenting arguments about Duterte's rights being violated in the Philippines.

"I'm very confident in providing the strongest defense possible, and I believe he will be acquitted, even at the earliest stage," he said.

Kaufman said he would have access to the former chief executive and promised to visit him daily while he is in The Hague, where Duterte is currently detained.

"I'm available to see the former president as long as I'm here and allowed to do so. I have promised him that I would visit every day that I'm in The Hague," he said.

Kaufman is an experienced international lawyer known for managing high-profile cases. Among his notable clients are Jean-Pierre Bemba, a former vice president of the Democratic Republic of the Congo; Aisha Gaddafi, the daughter of the late Libyan leader Muammar Gaddafi; and Maxim Mokom Gwaka, an alleged militia leader from the Central African Republic.

Meanwhile, the Palace said Duterte was to blame for his failure to respond to the alleged crimes against humanity committed during his administration's war on war on illegal drugs, which led to his arrest and transfer to the ICC.

Palace Press Officer Claire Castro issued the statement after Duterte's camp asked if it was not possible for the Philippine courts to prosecute the former president instead of handing him over to the ICC.

Castro said the Duterte administration should have initiated the investigation for President Ferdinand Marcos Jr.'s government to continue it.

"If the Marcos administration were to continue that investigation, it should have already been started," Castro said during a Palace press briefing.

"Let's not pin this blame on President Marcos' administration," she added.

The Palace official said that the Duterte government had itself to blame as the issue would not have escalated if it had acted on its commitment.

"In November 2021, former President Duterte himself requested the ICC prosecutor to temporarily halt the investigation, citing their intention to conduct their own inquiry and file the necessary charges," Castro said.

However, Castro said that by June 2022 — before Marcos assumed office — the ICC prosecutor declared that the Duterte administration had failed to fulfill its commitment to investigate and pursue appropriate charges.

"They did not act promptly on these cases related to the bloody war on drugs," Castro said. "That is why the ICC prosecutor resumed the investigation."

Asked why the Marcos administration did not pursue an investigation, Castro cited the House of Representatives quad committee hearings that revealed information about what supposedly transpired during Duterte's administration.

"There we learned and uncovered what really happened during former president Duterte's time," she said.

The ICC currently has custody of Duterte after he was arrested and sent to The Hague for crimes against humanity he allegedly committed during his administration's bloody war against drugs which left at least 6,000 people dead.

Petitions for habeas corpus filed by the former president's children are currently being tackled before the Supreme Court.

Not diversionary tactics

Castro denied allegations of Davao City Mayor Sebastian Duterte that their family was being singled out by the Marcos administration following the arrest of his father.

She said the arrest warrant was solely for the elder Duterte, which was why he was the only one who surrendered to the ICC.

"Let us remember that former president Duterte is being described as an indirect co-perpetrator. Does he want not only his father to be arrested but also those who are alleged accomplices?" Castro said.

The Palace official also dismissed the mayor's allegations that the arrest was meant to divert the public's attention from issues surrounding the 2025 national budget.

She reiterated that the case against Duterte was not filed during the current administration.

"So, there is no diversionary tactic here. Diversionary tactics on issues, why? These are all happening, day-by-day there is something new happening. So, this is not a diversionary tactic," Castro said.

Castro also stressed that the Marcos administration could easily explain the questions on the national budget, particularly the issues surrounding PhilHealth.

Also on Wednesday, Justice Secretary Jesus Crispin Remulla said the Department of Justice (DOJ) is prepared to defend the republic's stance before the Supreme Court should the need arise.

Speaking at the Kapihan forum, Remulla confirmed that Solicitor General Menardo Guevarra had recused himself from the case for "personal reasons." However, Remulla was firm in stating that the DOJ is fully capable of representing the Philippine government's legal interests. "The resources of the government should not be wasted at a time like this. We have to put our best legal minds to work," he said.

The justice secretary recounted how he was already en route to Vienna for an international conference when rumors of an impending ICC warrant emerged. "I couldn't do much but board the plane and hope that by the time I arrived, things would still be OK," he said. The DOJ learned of the official diffusion order from the ICC at around 3 a.m. Philippine time, when the document was transmitted to the country's Center for Transnational Accounting.

Despite the gravity of the situation, Remulla downplayed concerns, asserting that the case is now beyond the jurisdiction of Philippine courts.

"It is extraterritorial. The man is already under the ICC's jurisdiction," he said.