Former Senator Leila de Lima said the withdrawal of Nicholas Kaufman as Rodrigo Duterte’s lead counsel at the International Criminal Court changes nothing for the former president’s legal prospects, warning that no replacement lawyer will be able to overcome the weight of evidence against him.
In a Facebook post on Saturday, De Lima described Kaufman’s departure as “a bitter lesson for ICC lawyers defending enemies of mankind,” adding that there is no legal strategy capable of making strong evidence disappear.
“When the evidence is strong, the only viable legal strategy is procedural attack and public appeal. Unfortunately for the defense, all the professional and experienced ICC judges are not susceptible to both, and the defense lawyers know this,” De Lima said.
She added that it was “highly doubtful” that Duterte’s incoming counsel would perform any differently from Kaufman, whose jurisdictional challenges and procedural arguments failed to prevent the unanimous confirmation of charges last month.
De Lima also addressed Duterte directly in Filipino, saying accountability would pursue him regardless of who represents him in The Hague.
“Sinuman ang maging abogado nya, tuloy ang pagpapanagot kay Duterte hanggang makamit ang hustisya. Siya rin naman ang nagsabi na handa siyang managot sa libo-libong Pilipino na pinapatay niya sa mga pulis at mga death squads. Huwag siyang maging duwag sa pagharap sa pananagutan,” she wrote.
(Whoever his lawyer may be, Duterte will continue to be held accountable until justice is achieved. He himself said he was ready to face accountability for the thousands of Filipinos killed by police and death squads under his watch. He should not be a coward in facing that accountability.)
Kaufman filed his withdrawal request with ICC Trial Chamber III on May 8, citing the expiration of his one-year contract on March 31, 2026. The defense team visited Duterte on May 7, during which the former president expressed his desire to appoint replacement counsel. The identity of the incoming lawyer was redacted in the public version of the filing.
Associate counsel Dov Jacobs had also filed a separate withdrawal request a day earlier, which the Trial Chamber approved on May 8. Kaufman’s own request remains pending court approval.
The ICC confirmed all three counts of crimes against humanity of murder against Duterte on April 23, clearing the way for trial proceedings. A status conference is scheduled for May 27, 2026, which Kaufman has committed the incoming lead counsel to attend.
De Lima herself was among the most prominent critics of Duterte’s drug war during his presidency and spent years in detention on drug charges that she and her supporters maintained were politically motivated. She was acquitted in 2023.
