THE HAGUE – British‑Israeli lawyer Nicholas Kaufman has formally requested leave from the International Criminal Court (ICC) to withdraw as lead defense counsel for former president Rodrigo Duterte, who stands accused of crimes against humanity linked to his administration’s war on drugs.
In a filing made public Friday, Kaufman explained that during a prison visit on Thursday, Duterte informed him of his decision to engage new legal representation. The move comes just over a year after Kaufman was appointed following Duterte’s transfer to The Hague in March 2025, and as the case moves closer to its trial phase.
Kaufman told Trial Chamber III that his one‑year contract officially expired on March 31, 2026, and expressed confidence that the defense would remain in capable hands.
“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,” he stated. He also pledged to uphold all professional obligations regarding confidentiality and record‑keeping should his withdrawal be approved. In a separate statement, Kaufman thanked Duterte, his family, and his supporters, adding: “If my withdrawal is approved, I am convinced that I will be leaving Tatay Digong in safe hands.” Also granted permission to step down was associate counsel Dov Jacobs, who cited the same reorganization of the defense team as the reason for his departure.
The development drew reaction from representatives of the victims, who expressed concern over potential delays. Kristina Conti, assistant to counsel for the victims, emphasized that changes in legal representation should not slow proceedings.
“The victims want to be assured that the change will not result in any delay. A new lawyer does not automatically reset time or give rise to new remedies available to the accused,” she said. “The general sentiment here is that victims prefer trial begin the soonest possible.” The next key proceeding, a status conference for the trial phase, is scheduled for May 27, 2026.
During his tenure, Kaufman consistently challenged the jurisdiction of the court and the strength of the prosecution’s evidence. He argued that the ICC had no authority over Duterte following the Philippines’ withdrawal from the Rome Statute in 2019 — a position recently rejected by the ICC Appeals Chamber.
He also maintained that there was no direct proof linking Duterte to unlawful killings, telling judges during February’s confirmation hearings: “There is no smoking gun in this case… 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 dismissed the prosecution’s claim of a state‑sponsored campaign of violence as “incomprehensible” and “bizarre,” pointing instead to official instructions and memoranda requiring police to observe legal rights and use force only in self‑defense. The charges against Duterte cover hundreds of alleged extrajudicial killings dating back to his time as Davao City mayor and continuing through his presidency.
