The camp of former President Rodrigo Duterte expressed confidence that judges of the International Criminal Court will render what they described as the “right decision” following the conclusion of the confirmation of charges hearing.
Defense counsel Nicholas Kaufman said the proceedings before the ICC’s Pre-Trial Chamber I were grounded in evidence and due process, rejecting claims that the case was a mere spectacle.
“The judges will take their decision based on the evidence,” Kaufman said after Friday’s hearing. “The evidence has been presented by the prosecution and challenged by us, the defense, and we trust the judges to take the right decision.”
A ruling is expected within 60 days.
Under ICC rules, the Pre-Trial Chamber may:
• Decline to confirm the charges, without preventing prosecutors from filing a new request based on additional evidence;
• Adjourn the hearing and direct the Prosecution to submit further evidence, conduct more investigation, or amend the charges; or
• Confirm the charges and commit the case to trial, after which a Trial Chamber will be constituted for the next stage of proceedings.
Kaufman explained that the defense did not file another request for Duterte’s interim release because an appeal on the first review of detention remains pending before a higher chamber.
He maintained that continued detention under the Rome Statute must be justified by risks such as flight, witness intimidation, or the commission of further crimes, grounds the defense argues do not apply to Duterte due to his age and health condition.
Prosecutors, however, contend that the former president may not submit to trial if released.
Kaufman also dismissed criticism that his closing arguments were emotional rather than substantive, saying the defense had thoroughly addressed the allegations, including counts accusing Duterte of involvement in the killing of 78 victims.
“We deny that completely,” he said.
The lawyer further noted that parts of the defense’s presentation were not included in the ICC’s public livestream due to court-imposed protective measures.
Kaufman reiterated that Duterte’s decision not to personally appear at the confirmation hearing stemmed from a long-standing challenge to the ICC’s jurisdiction and was “not out of disrespect.”
He also confirmed requesting the removal of a photograph of Duterte from the ICC website, describing it as taken under circumstances that did not reflect his client’s condition at the time.
