The defense counsel for former president Rodrigo Duterte has called on the International Criminal Court (ICC) to consider findings from a Philippine Senate investigation, claiming they shed light on the political nature of Duterte’s arrest and transfer to The Hague.
In a 10-page filing dated June 26, defense lawyer Nicholas Kaufman asked the ICC’s Pre-Trial Chamber I to allow a formal response to the prosecution’s earlier opposition to Duterte’s bid for interim release. He argued that a reply is essential to refute claims that the former president poses a flight risk.
“Mr. Duterte’s refusal to submit to an unconstitutional arrest and his legal team’s claims of extraordinary rendition have nothing to do with the recognized risk factors,” Kaufman wrote, stressing these were “legitimate legal arguments (albeit presented in colorful language).”
Kaufman also intends to submit documentation from the Senate Committee on Foreign Relations—chaired by Sen. Imee Marcos—which he says supports the defense’s argument that Duterte’s detention is politically motivated. He cited the committee’s conclusion of a “whole-of-government effort to bring down the Dutertes” and labeled the arrest a result of “political maneuvering.”
These statements directly respond to ICC Deputy Prosecutor Mame Mandiaye Niang, who previously said Duterte’s continued detention was necessary, citing remarks from the former leader’s family and supporters describing the arrest as a “kidnapping.” According to Niang, “A victim of a kidnapping is unlikely to return to the custody of the kidnapper if given an opportunity to escape.”
Kaufman dismissed the characterization, arguing that the statements were not speculative but backed by findings from the Senate hearing. He added that the same findings had prompted the filing of charges before the Office of the Ombudsman against Philippine officials involved in Duterte’s transfer to the ICC.
Kaufman also confirmed he had met with Sen. Marcos during her visit to The Hague, noting that he requested the meeting himself and lauded her committee’s work.
