THE HAGUE — Rodrigo Duterte’s lead counsel, Nicholas Kaufman, is determined to prevent the International Criminal Court (ICC) from proceeding with the case against his client, arguing that the court has no jurisdiction over the Philippines.

In an interview with AFP in The Hague, Kaufman stated that he hopes to halt the case before it even reaches the confirmation of charges hearing on September 23. According to him, the Philippines withdrew from the ICC in 2019, before the investigation was authorized, and therefore the court should no longer pursue the case.

“Coming back to the jurisdictional point, obviously you don’t need to be the dean of a law faculty to realize that that’s going to be a huge issue at pre-trial,” Kaufman said. “I think that the jurisdictional argument is compelling as defense counsel. I believe that it should succeed and I would be hugely disappointed if it doesn’t.”

Duterte, 80, faces charges of crimes against humanity for his war on drugs, which allegedly led to the deaths of thousands, particularly from poor communities. While the ICC insists that it has jurisdiction since the alleged crimes took place before the Philippines’ withdrawal, Duterte’s legal team hopes to have the case dismissed through legal arguments.

Questionable Arrest

Another issue the defense is raising is the manner in which Duterte was arrested on March 11 and his immediate transfer to The Hague.

“I view it as a kidnapping, nothing more or less. It’s an extrajudicial rendition. He was given no due process, just slung over to The Hague,” Kaufman insisted. “This was in complete contravention of Philippines law.”

Duterte’s detention took place amid a worsening rift between the Duterte and Marcos families. After their alliance in the 2022 elections, their relationship soured, especially after former Vice President Sara Duterte was impeached amid controversial allegations.

Duterte Adjusting to Life in Detention

According to Kaufman, he frequently visits Duterte at the ICC detention center, where the former president is gradually adapting to his new environment.

“That’s not easy for anyone,” Kaufman said, but added that Duterte remains in “good spirits.”

However, he expressed concern that the ICC might be reluctant to drop the case due to its high-profile nature.

“My only fear is that this court is starved of cases at the present moment and might be loath to let a case like that go, to slip through its hands.”

In the coming months, Duterte’s legal team will continue its battle to have the case dismissed and clear the former president of the charges against him.