Rodrigo Duterte’s lead defense counsel, British-Israeli lawyer Nicholas Kaufman, has urged the former Philippine president to return to the country “as soon as possible” amid his detention in The Hague for alleged crimes against humanity.
Speaking outside the International Criminal Court (ICC) on March 20, Kaufman claimed Duterte is being “illegally detained” and should be allowed to go back home. He was responding to reports that Vice President Sara Duterte, Duterte’s daughter, is exploring ways to bring him back before or after the midterm elections in May.
“Why not? That’s his country, that’s where he was born. Why should he not go back?” Kaufman said. However, he did not provide details on whether he would file a motion for his release, stating only that he would act “when appropriate.”
Legal experts have noted that an ICC detainee may apply for interim release under conditions such as restricted travel, monitored residence, and compliance with court summons.
Meanwhile, Vice President Sara Duterte, in a separate press briefing, appeared resigned to her father’s fate. “Hindi na siya maibabalik sa Pilipinas,” she said, calling on supporters to “move forward” instead of dwelling on the issue.
Duterte was arrested at the Ninoy Aquino International Airport on March 11 following an ICC-issued warrant. He faces charges of crimes against humanity over extrajudicial killings linked to the Davao Death Squad and his administration’s war on drugs. Despite the Philippines’ withdrawal from the ICC in 2019, the court maintains jurisdiction over alleged crimes committed while the country was still a member.
His pre-trial hearing is set for September 23, 2025, and if charges are upheld, a trial could take years before a final ruling is issued.