MANILA — Former President Rodrigo Duterte is bracing for a crucial ruling at the International Criminal Court (ICC), with his lead counsel admitting that the former Philippine leader is “not holding up any hopes” as confirmation of charges hearings continue in The Hague.
Speaking to reporters on the sidelines of the proceedings in the Netherlands, defense lawyer Nicholas Kaufman said Duterte remains uncertain about his chances as he faces allegations of crimes against humanity linked to his administration’s anti-drug campaign.
“He’s, frankly, not holding up any hopes and not expecting too great. We assure him that we have the evidence and that we’re convinced that we can put a good show for him and that’s what we will do,” Kaufman said.
The ICC hearings, which will determine whether the charges will proceed to full trial, come at a pivotal stage in the case against Duterte, who remains in ICC custody after judges denied his appeal for interim release.
Kaufman disclosed that Duterte has repeatedly expressed fears about dying while in detention at The Hague.
“He said it a couple of times, and quite a few times to our considerable consternation. But we do sit with him, and part of the time, cheering him up. Keep him occupied. We push him, we said to him ‘go out, have some exercise,’” he said.
The defense has argued that Duterte’s medical condition eliminates any risk of flight or interference with witnesses — key considerations in the court’s decision to deny interim release.
“Whether or not the former President would be likely to flee, whether or not he would intimidate witnesses of the prosecution, whether or not he continue to commit crimes. All of which, our medical experts said would be impossible because of his medical condition,” Kaufman said.
Despite the high stakes of the confirmation proceedings, Kaufman said the defense team will not present evidence at this stage.
“The answer is quite clearly, we will not be presenting evidence,” he said. “The prosecution is entitled to continue its investigation so if the charges are confirmed, then they will take what we presented at confirmation and go on attack it, and investigate and try to disprove it.”
During the hearings, Kaufman also criticized what he described as sensationalized media coverage of Duterte’s public statements, arguing that controversial remarks were often taken out of context.
“They highlight the salacious content while ignoring the true context because that it what captivates the reader,” Kaufman said.
He added that Duterte’s rhetorical style contributed to international scrutiny.
“Rodrigo Duterte, whose speeches were fertile fodder for his enemies and detractors, a man whose hyperbole, bluster and rhetoric, once published, became a natural target for privately funded NGOs and human rights activists and those collectively known as civil society,” he said.
Kaufman maintained that the case should be decided on evidence, not perception.
“Because at the end of the day, were it not for those belligerent and controversial speeches, there would have been no impetus to bring the people’s president to The Hague,” he said.
The ICC confirmation of charges hearings are scheduled to continue on February 26 and 27. A ruling on whether the case will proceed to trial is expected after the conclusion of arguments.
Duterte faces allegations of crimes against humanity tied to anti-drug operations carried out during his tenure as Davao City mayor and later as President of the Philippines./PN
