ICC Registry reveals addition to Duterte's defense team lineup

The International Criminal Court (ICC) has released the name of another lawyer who will be part of former President Rodrigo Duterte’s defense team for his case before the court.

Atty. Dov Jacobs has been appointed as associate counsel of Duterte, according to the ICC Registry in a document signed April 7 by Marc Dubuisson, director of the Division of Judicial Services, on behalf of ICC registrar Osvaldo Zavala Giler.

The former president's defense team is led by Atty. Nicholas Kaufman, who requested on April 2 for Jacobs to assist as associate counsel, according to the ICC.

On April 3, Jacobs' appointment was confirmed by the ICC Registry after his acceptance.

Jacobs signed the solemn Undertakings on April 7 as required by the ICC Code of Professional Conduct for Counsel.

Before joining Duterte’s team, Jacobs was part of the defense counsel of Mahamat Said Abdel Kani in the Central African Republic II case. On February 28, the Prosecution in that case requested the exclusion of Atty. Jacobs from the List of Witnesses and Evidence due to conflict of interest as a witness.

Jacobs’ view of the Duterte case

During Duterte’s initial appearance before the ICC on March 14, Jacobs wrote in his LinkedIn post that the former president “[had] not been presented before a domestic Judge prior to his surrender to the ICC.”

He said this situation “raises questions as to the respect of his rights under Article 59 of the Rome Statute.”

Jacobs also raised the question of ICC’s jurisdiction and investigation over the Duterte administration’s war on drugs after the Philippines withdrew from the Rome Statute in 2019.

“Indeed, while the Pre-Trial Chambre [sic] held that the Prosecutor could open an investigation after the Philippines' withdrawal from the Rome Statute became effective, I continue to believe that this decision is legally erroneous and results from a confusion between ‘jurisdiction’ and ‘exercise of jurisdiction’, which is in plain contradiction with the provisions of the Rome Statute and its logic,” Jacobs wrote.

No Filipinos in Duterte’s defense team

So far, only Kaufman and Jacobs have been formally nominated as counsels of Duterte.

Last week, Kaufman told reporters that the “core team is now fully completed” without any Filipino lawyer. However, he said some Filipino lawyers are involved in a supportive capacity.

“There are many Filipino lawyers who want to help and are helping, at the goodness of their hearts, many talented Filipino lawyers,” he said.

Previously, Duterte’s former executive secretary Atty. Salvador Medialdea represented the former president during the latter’s initial appearance hearing on March 14. 

Vice President Sara Duterte previously said Medialdea would withdraw once the defense team lineup was finalized.

Meanwhile, former presidential spokesperson Harry Roque was not formally nominated as part of Duterte’s defense team despite his experience in the ICC and vocal support for the former president.

“Harry is seeking political asylum in The Netherlands and that would be wholly incompatible with employment at the Court,” Kaufman said last week when asked if Roque would be part of the defense team.

VP Sara also earlier expressed that they want to avoid complications since Roque’s basis for staying in the Netherlands is not clearly established.

“Gusto namin nakatutok talaga yung lawyers doon sa kaso (We want the lawyers to focus on the case). Right now, he’s, I heard, applying for asylum. He publicly announced that already. We want him to focus on his asylum, and we want our lawyers to focus on the case,” VP Sara told reporters after her scheduled visit at Scheveningen Prison on March 19.

'Fight until the end'

When asked whether he is prepared to stay with Duterte’s legal defense until the end, Kaufman said, “I will fight for Mr. Duterte until the end.”

“Time to time, clients decide to change their lawyers. That happens in every case and there's no difference between the International Criminal Court or any other court in the world. So, I’m here to stay. I will fight for Mr. Duterte until the end,” he said.

Kaufman was relieved from further legal representation of Central African militia leader Maxime Jeoffroy Eli Mokom Gawaka due to conflict of interest.

In a document dated March 25, 2022, the Chamber said the proceedings involving The Prosecutor v. Yekatom and Ngaïssona are “substantially related” to Mokom’s case. It noted that the charges in both cases largely overlap.

Because of this, the Chamber ordered the Registry to “revoke or cancel” Kaufman’s appointment and relieve him from further representing Mokom.

VP’s 'work' in The Hague

Two days before she returned to the Philippines, VP Sara completed and submitted the final documents for her father’s ICC legal representation.

“Tapos na ang trabaho ko dito,” she told reporters and their family's supporters on Friday.

(My work here is done.)

She shared that a schedule for lawyers and family members who will visit former President Rodrigo Duterte in Scheveningen Prison was already set up, and that he already met another defense team lawyer.

“Mayroon na rin kaming sistema sa schedule ng mga lawyers at sistema sa liasoning kung sino yung mag-uusap about legal matters [at sa] mga pangangailangan ni Pangulong Duterte sa loob,” VP Sara told reporters.

(We already have a system for the lawyers and for liasoning–for who will talk about legal matters and who will take care of President Duterte’s needs [while inside Scheveningen Prison].)
The vice president arrived in Manila on Sunday evening.

“Naayos na rin namin magkakapatid yung scheduling ng kung sino yung maiiwan at darating sa susunod na dalawang buwan. So ngayon, nandito si Veronica,” VP Sara said, referring to her half-sister Kitty. She is with her mother, Honeylet Avanceña. 

“Ang susunod na darating ay si Congressman Pulong Duterte. Bago umalis si Honeylet, darating si Congressman Pulong Duterte.”

My siblings and I have also fixed the schedule for who will stay and come in the next two months. Now, it’s Veronica. The next one to arrive is Congressman Paolo “Pulong” Duterte. Before Honeylet leaves, Congressman Pulong will arrive.)

VP Sara also said they are still confirming when her brother Sebastian will arrive, explaining that a family member should always be visiting and communicating with the former president.

Duterte siblings to go Dutch

When asked about who would finance their visits, VP Sara said their family has not talked about it yet, but added they would use their own money and would not accept donations.

“Hindi namin napag-usapan yan, kasi mayroon namang trabaho lahat. Si Honeylet ay mayroong mga negosyo. Mayroon akong trabaho, may sweldo ako, mayroon din akong other income na tinatawag. Ang aking kapatid na si Congressman Pulong ay mayroon ding trabaho. Mayroon ding sweldo si Mayor Baste. … So, ang tawag sa amin ay KKB–kanya-kanyang bayad.

“Yun din po ang napag-usapan naming magkakapatid na hindi tumanggap ng donation at hindi humingi ng tulong. At kung kailangan mang magbenta ng mga gamit ay yun ang gagawin para magkaroon ng financial support.”

(We have not talked about [the finances] yet, since we all have jobs. Honeylet has businesses. I have a job and salary, and also other income sources. My sibling Pulong has a job, [while] Mayor Baste receives a salary. So, what we do is KKB [go Dutch])

The vice president stayed in The Hague for three weeks to assist in forming the defense team of her father, who is facing charges of crimes against humanity before the ICC. —LDF/KG, GMA Integrated News