Filipino ICC lawyer and victims’ counsel blasts Duterte defense team for 'ignorance' on situation in PH

Defense Lawyer Nicholas Kaufman (R) speaks with Xavier Jean Keita of the office of public council for defense on March 27, 2014 at the courtroom of the International Criminal Court (ICC) in The Hague during Charles Ble Goude's initial appearance. Michael Kooren, AFP/File

MANILA -- An ICC listed counsel and victim’s legal representative called former president Rodrigo Duterte’s lead counsel Nicholas Kaufman “ignorant” about the situation in the Philippines.

This was after Kaufman’s April 7 submission urging the International Criminal Court (ICC) Pretrial Chamber to impose more stringent verification processes for victims’ applying to participate in Duterte’s case. 

“Mr. Kaufman’s comment on the IDs of the victims of his client comes from someone who obviously has no knowledge at all of the Philippine situation. It comes from someone who is totally ignorant of the kind of people who were mass murdered by Mr. Duterte,” said ICC listed counsel Atty. Joel Butuyan. 

In a submission last April 7 to the ICC Pretrial Chamber, Kaufman expressed issues on the ICC Registry’s proposed process for the verification of victims applying for participation in Duterte’s case.

Raul Lambino ordered by Supreme Court to explain false claims on TRO vs Duterte arrest 

According to Kaufman, “the Pre-Trial Chamber should insist on the production of a national identity card and or a passport containing an up-to-date photograph.” Kaufman added that a more stringent process is needed to avoid misrepresentation, double counting and fraud. 

“For the information of Mr. Kaufman, the victims come from the poorest of the poor who do not have passports, driver’s licenses, SSS, GSIS, or any professional license. The kind of IDs being demanded by Mr. Kaufman are documents that are badges of wealth and privilege in the Philippines,” Butuyan said. 

Kaufman also opposed the ICC Registry’s suggestion to use “a declaration signed by two witnesses” along with identity documents as sufficient basis for the authentication of identities. But Butuyan explained that this was a process previously approved by the ICC for cases where the situation of victims had to be seriously considered. 

“In fact sa African cases, mas mahirap nga dun kumuha ng mga IDs kasi yung mga tao dun sinunog mga bahay nila. They lost all possessions, including their identification cards. And dun sa mga kasong yun, pinayagan yung certification lang ng 2 people who know the victim. So we anticipate that is also going to happen here in the Philippines, considering na medyo ganun din ang situation sa mahihirap,” he said. 

“When they don’t have work, they don’t have jobs, they don’t have bank accounts and they don’t have registrations with the government… They identify themselves with barangay IDs, with postal IDs… A birth certificate can be used, a marriage contract can be used as well, and I think sometimes, even baptismal certificates are used. Because it’s really a challenge among the poor, they really don’t have IDs. That’s why they don’t have bank accounts because they don’t have IDs to present to banks,” he further explained. 

Palace: Duterte’s drug war remarks a big challenge for his ICC lawyers

Kaufman also raised issues on victims’ legal representation, saying that it should be the ICC Office of Public Counsel for Victims (OPCV) that should represent all victims instead of individual lawyers. 

But victims and their families find this “abhorrent.” 

“I’ve talked to some of the victims and they really find it totally abhorrent that Mr. Duterte, speaking through Mr. Kaufman, is having a say on who is going to represent the victims. Sa kanila, excuse me, you represent the mass murderer, how can you have a say on who is going to represent the victims of your client. So talagang medyo nagre-react sila doon,” he said. 

Former president Rodrigo Duterte’s initial appearance before Pre-Trial Chamber I of the International Criminal Court, March 14, 2025. ICC/File

The ICC so far has already confirmed the appointment of two lawyers for Duterte’s defense team: British-Israeli lawyer Nicholas Kaufman and recently, Dov Jacobs, another lawyer with extensive experience in international criminal law who works as a defense trial lawyer at the ICC. It is expected that as soon as the process for victims’ participation is approved, the appointment for the legal representation will follow. 

According to Butuyan, the victims’ legal representation may come form the OPCV or ICC’s List of Counsel, where he is also part of. 

“Kailangan 'yung pinagkakatiwalaan talaga ng mga victims 'yung maa-appoint para magkaroon ng magandang relationship dahil matagal yung trial na mangyayari… Ang gusto ng ICC is kung pupwede unified team lang, iisa lang yung mag-rerepresent. But there are cases when the ICC appoints two, nagkaroon pa ng lima sa isang kaso sa Kenya yata or Congo… But they were asked to speak as one and have a united front,” Butuyan explained. 

Butuyan is optimistic that after the confirmation of charges hearing in September, the case will proceed to a full blown trial. He is also confident that the trial will not last as long as other cases, which took an average of 10 years. 

Could Duterte face more charges at ICC?

“We are very, very optimistic kasi yung ebidensya na ipe-presentra karamihan dun mga admissions ni Mr. Duterte… Talagang yung sarili niya ini-incriminate niya. Kasi sa mga kaso sa Africa ang mahirap talaga is to link the crimes that happened on the ground dun sa presidente or leader ng militia. Eh dito si Mr. Duterte himself supplied the evidence that links him to the killings that happened on the ground. So mas madali,” Butuyan said. 

Duterte’s legal defense team, however, is also expected to present jurisdictional arguments before the Pretrial Chamber.

RELATED VIDEO: