Rodrigo Duterte to retain ICC defense team despite losses 

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January 29, 2026 | 2:29pm

MANILA, Philippines — Former President Rodrigo Duterte has no plans of replacing his current legal team at the International Criminal Court, Vice President Sara Duterte said Wednesday, January 28.

The vice president told her supporters at The Hague that she asked her father directly whether he wanted to change his lawyers after concerns were raised about their ability to counsel him amid in the next ICC proceedings. Duterte said no, but gave them new instructions, she said.

"Tinanong ko si dating Pangulong Rodrigo Duterte. Sabi ko, exactly kung ano 'yung tanong ninyo: gusto mo ba palitan at hindi ka pa satisfied? Sabi niya, hindi palitan. Pero meron siyang mga instructions na ibinigay sa legal team," the vice president said.

She did not specify what instructions the former president gave his lawyers.

Duterte's camp, led by lead counsel British-Israeli lawyer Nicholas Kaufman, has suffered a string of legal setbacks since his arrest, as all of their major attempts to throw out or indefinitely delay his case have failed.

On January 26, the ICC ruled Duterte fit to stand trial despite his lawyers' claims that cognitive decline left him unable to retain information or instruct his attorneys effectively. The court cited an assessment by independent medical experts who checked Duterte and found him able to exercise his rights.

The fitness challenge, filed in August 2025, argued that Duterte's short-term memory was "demonstrably impacted" to the extent he could not "retain information for more than a short space of time," making it impossible for him to follow hearings or instruct his lawyers.

That Duterte gave his legal team new instructions contradicts the defense's central argument about his cognitive abilities.

In October 2025, ICC judges also rejected the defense's challenge to the court's jurisdiction. Kaufman had argued that the court lost authority over Duterte after the Philippines withdrew from the Rome Statute in March 2019, more than two years before prosecutors requested authorization for a full investigation.

Judges ruled that the court retained jurisdiction because the preliminary examination had begun in February 2018, before the Philippines' withdrawal took effect. Countries cannot "abuse" their right to withdraw from the Rome Statute by "shielding persons from justice in relation to alleged crimes that are already under consideration," according to the decision.

In November 2025, judges rejected Duterte's request for interim release, finding he posed a flight risk and could intimidate witnesses if freed.

Duterte faces three counts of crimes against humanity for his alleged involvement in at least 76 identified murders as part of his war on drugs when he served as Davao City mayor and later as president from 2016 to 2022.

The Philippine National Police reported more than 6,000 suspects killed during anti-illegal drugs operations, but human rights groups estimate the toll could reach as high as 30,000.

What's next? The confirmation of charges hearing is set for February 23. The ICC Pre-trial Chamber I will determine whether sufficient evidence exists to proceed to trial. If charges are confirmed, the case will move to a trial chamber.

Duterte was arrested on March 11, 2025, and has been detained at The Hague since. He appeared before the court only once, via video conference, during his initial appearance hearing on March 14, 2025.