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Illustration shows former Philippine president Rodrigo Duterte during a senate probe on the drug war during his administration on Oct. 28, 2024 and a photo of his lead defense counsel Nicholas Kaufman during his confirmation of charges hearing at the International Criminal Court on Feb. 23, 2026, with a backdrop of the Pre-Trial Chamber I's courtroom.
Philstar.com illustration by Janelle Liong
MANILA, Philippines — Nicholas Kaufman has asked the International Criminal Court (ICC) to allow him to withdraw as legal counsel for Rodrigo Duterte as the crimes against humanity of murder case against the former president enters preparations for trial proceedings.
In a filing dated May 8, Kaufman said his engagement as Duterte’s lead counsel had ended on March 31, 2026.
“In light of the aforementioned, in accordance with Regulation 78(1) of the Regulations of the Court, I hereby respectfully request leave to withdraw as counsel for Mr. Rodrigo Roa Duterte in the case of the Prosecutor v. Rodrigo Roa Duterte,” Kaufman said.
The request is still subject to the approval of ICC Trial Chamber III, the chamber handling Duterte’s case involving three counts of crimes against humanity tied to his administration’s anti-drug campaign.
Kaufman said the defense team visited Duterte on May 7, during which the former president expressed his “desire to hire replacement counsel.”
According to Kaufman, a replacement lawyer whose identity was redacted in the public filing has already agreed to immediately assume representation and attend the status conference scheduled on May 27.
The lawyer also said Duterte was reorganizing his defense team ahead of the trial phase of the case.
“I am convinced that the continuity and efficacy of Mr Duterte’s representation will remain assured through [the unnamed counsel], who has a wealth of experience at the International Criminal Court, and the existing defense team,” Kaufman said.
He added that he would continue to comply with confidentiality and record-keeping obligations under the ICC Code of Professional Conduct even if his withdrawal is approved.
Kaufman represented Duterte from the time of the former president’s arrest on March 11, 2025 until the ICC Appeals Chamber released its ruling in April affirming the court’s jurisdiction over the case.
On April 22, the ICC Appeals Chamber ruled that the tribunal has jurisdiction over Duterte’s case. A day later, the ICC Pre-Trial Chamber confirmed all charges against the former president.
Duterte’s associate counsel, Dov Jacobs, also moved to withdraw from the defense team, citing the former president’s decision to reorganize his legal team in anticipation of trial proceedings.
In a separate ruling dated May 8, ICC Trial Chamber III approved Jacobs’ withdrawal.
“The Request indicates that the Accused has expressed an interest in reorganising his Defence team in anticipation for the trial phase of this case,” the chamber said.
The ICC also noted that Jacobs’ withdrawal would not prejudice Duterte’s legal representation, saying the lead counsel and the rest of the defense team remained in place at the time of the ruling.
The next status conference in the case is scheduled later this month.
