Duterte’s lead counsel eyes dismissal, early release in ICC case

Metro Manila, Philippines – The lead defense counsel of former President Rodrigo Duterte is considering filing petitions for the dismissal of his case before the International Criminal Court (ICC) and seeking his early release to be submitted at the "appropriate time."

In an interview with reporters on Monday in The Hague, Netherlands, Nicholas Kaufman said he hopes to present these petitions before the Sept. 23 confirmation of charges hearing of the pre-trial chamber.

"First of all, I believe that there are compelling arguments, and I will seek to persuade the judges, but the people who decide at the end of the day are the judges themselves," said Kaufman.

The veteran trial lawyer cited the Philippines' withdrawal from the Rome Statute, the treaty that established the ICC, as a key argument in challenging the court’s jurisdiction over Duterte.

"I believe that there is a strong argument for the lack of ability to exercise jurisdiction given the Philippines' withdrawal from the Rome Statute. I hope that the judges will accept my submission. They might decide, obviously, that they don't want to hear it at the earliest stages," Kaufman said.

When asked whether they would also seek Duterte’s temporary release while proceedings are ongoing, Kaufman said the decision would come in due time.

"Once again, interim release is a complex process. We're considering it, and we will file it at the appropriate time," he said.

Duterte is detained at The Hague on 43 charges of crimes against humanity for murder.