Atty. Nicholas Kaufman, lead counsel of former President Rodrigo Duterte, has alleged that President Ferdinand “Bongbong” Marcos Jr. is the “real prosecutor” behind the International Criminal Court (ICC) case involving Duterte. In a public statement, Kaufman claimed that Marcos used the ICC case as part of his political strategy, suggesting the proceedings are politically motivated.
According to Kaufman, Duterte remains in good spirits and is confident in the legal defense being mounted on his behalf. He emphasized that the former president is not under emotional distress and is closely monitoring developments.
Kaufman also disclosed that U.S. sanctions have impacted ICC Chief Prosecutor Karim Khan, leading to the Deputy Prosecutor currently handling Duterte’s case. He noted that the sanctions stem from the U.S.’s conflict with the ICC over Palestine and are unrelated to the Philippines. An unnamed American prosecutor is said to be coordinating daily with the Defense team.
Two ICC judges were invited by the Defense to recuse themselves from the case, not out of criticism, but as a matter of judicial courtesy. Kaufman explained that the request was based on the judges’ prior involvement in jurisdictional issues, which could potentially compromise perceived impartiality.
When asked about Duterte’s recent oath-taking as mayor of Davao City, Kaufman declined to comment, saying that the matter is being handled by Duterte’s Filipino legal counsel. He also noted that for Duterte to be released from ICC custody, a willing state must step forward to receive him, something that would require diplomatic coordination. Kaufman stressed that only Marcos has the power to facilitate such a return.
Highlighting Duterte’s past landslide electoral victory, Kaufman characterized the ICC proceedings as an insult to the democratic will of the Filipino people. He further stated that the defense team has received new information from ICC investigators currently in Manila, which they will carefully review.
Kaufman concluded with a message to Filipinos: to lawfully support Duterte while respecting due process, the rights of victims, and the authority of the court.
The Marcos administration has yet to issue an official response to Kaufman’s serious allegations.