A photograph of Rodrigo Duterte posted on the International Criminal Court’s website should never have been published, according to the former Philippine president’s lawyer, who called its display “humiliating” given that his client had been discharged from hospital only days before it was taken.
Nicholas Kaufman, Duterte’s defense counsel, made the remarks Friday following the close of the confirmation of charges hearing at the ICC, where Pre-Trial Chamber I will now deliberate on whether to send the case to trial. Under court rules, the chamber has 60 days to issue its decision — which could result in the charges being confirmed, declined, or the hearing being adjourned pending additional evidence or investigation.
Kaufman said the image captured a man who was exhausted, jet-lagged, and still affected by hospital medication when he was placed before a camera for an initial court appearance. “I think that that’s humiliating, frankly, having that photograph there,” he said.
On the substance of the hearing, Kaufman pushed back against suggestions that his closing arguments were more emotional than legal. He said the defense had methodically contested each of the 78 alleged murders attributed to his client over the course of roughly a day and a half of substantive argument. “We attacked every one of those counts that alleged that Mr. Duterte murdered 78 victims. We deny that completely,” he said.
Prosecutors attempted to have portions of his statements struck from the record — a bid Kaufman said fell flat, interpreting the move as a sign of frustration. “That just signifies the extent to which they are irritated by the arguments that I made,” he said.
Some portions of the defense’s presentation were withheld from the public livestream under protective measures ordered by the presiding judge, a decision Kaufman confirmed was not his own.
Duterte did not appear in person at the hearing. Kaufman said that decision was rooted in a long-running jurisdictional objection and was intended as a legal stance rather than a slight to the court. A barong — traditional Filipino formal attire — had reportedly been prepared for him in the event he chose to attend.
The defense has not filed a fresh application for Duterte’s interim release during the confirmation phase. Kaufman said an earlier appeal against the detention review remains before a higher chamber, making any new application redundant at this stage. “It’s purely legal,” he said, while maintaining that his client’s age and physical condition do not support continued detention under the Rome Statute’s three recognized grounds — flight risk, witness intimidation, or the danger of further crimes. Prosecutors have countered that Duterte may not submit to trial if freed.
Kaufman said he was confident the chamber would assess the case on its merits. “The judges will take their decision based on the evidence,” he said. “The evidence has been presented by the prosecution and challenged by us, the defense, and we trust the judges to take the right decision.”
