Nicholas Kaufman asks ICC to let him withdraw as Rodrigo Duterte's counsel

British-Israeli lawyer Nicholas Kaufman on Friday requested leave from the International Criminal Court (ICC) to withdraw from the defense team of former President Rodrigo Duterte, who is set to face trial on charges of crimes against humanity in connection with his war on drugs.

In a redacted document released by the ICC, Kaufman said Duterte mentioned during his prison visit on Thursday that the latter decided to tap the services of another lawyer.

"I am convinced that the continuity and efficacy of Mr. Duterte’s representation will remain assured through [REDACTED], who has a wealth of experience at the International Criminal Court, and the existing defense team. Counsel thanks [REDACTED] for his extremely graceful, supportive and collegial approach," Kaufman told the Trial Chamber III.

He also said that his one-year contract to represent Duterte expired on March 31, 2026.

"In the event that leave is granted, I affirm that I will adhere to all relevant provisions of the [ICC] Code of Professional Conduct concerning confidentiality and record-keeping provided for in Articles 8, 15, and 17," Kaufman said.

In a separate statement, Kaufman thanked Duterte and the former president's "thousands of supporters who have shown their appreciation for my efforts on his behalf."

"If my withdrawal is approved, I am convinced that I will be leaving Tatay Digong in safe hands. May God bless the former President, the Duterte family and the Filipino nation," he said.

Meanwhile, the Trial Chamber III granted the request of Dov Jacobs to withdraw as Duterte's associate counsel, also citing Duterte's decision to reorganize the defense team.

Kaufman was appointed lead defense counsel shortly after Duterte was taken to The Hague, Netherlands on an ICC warrant in March 2025. He has consistently argued that Duterte should be freed due to lack of jurisdiction, which the ICC Appeals Chamber recently rejected.

The Appeals Chamber ruled that the ICC retains jurisdiction over the case despite the Philippines' withdrawal from the Rome Statute in 2019.

During the confirmation of charges hearings in February, Kaufman said that Duterte did not issue specific orders to kill drug suspects.

"There is no smoking gun in this case, and it is not for want of a desperate attempt to find one on the part of the prosecution with all their leading questions when they interviewed their criminal cooperating witnesses," Kaufman had told the judges of the ICC Pre-Trial Chamber I.

"Not one witness relevant to any of the 49 incidents with which Mr. Rodrigo Duterte is charged will testify that he received a direct order from the former president to go out and kill someone," he added.

Kaufman also slammed the allegation of the prosecution that Duterte "launched an attack on the entire population of the Philippines pursuant to a policy to neutralize persons perceived or alleged to be engaged in crime."

"Such a suggestion is not just incomprehensible; it is quite bizarre," he said.

Kaufman noted statements made by the former president instructing police officers to only kill in self-defense.

The lawyer also cited a memorandum circular, which reminds state forces to “strictly observe the rights of persons.”

"Prosecution knows it is not enough simply to assert that Rodrigo Duterte said outrageous things and deaths occurred,” he added.

The charges cover alleged extrajudicial killings while Duterte was Davao City mayor and president.

The status conference for the trial phase has been set for May 27, 2026. — VBL, GMA News