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nicholas kaufman

Zen Hernandez

ABS-CBN News

<p>Lead defense counsel Nicholas Kaufman says preparations are underway for the International Criminal Court’s confirmation of charges proceedings against former Philippine President Rodrigo Duterte, while raising fresh concerns about his client’s health, detention, and the court’s handling of key issues.</p><p>In a one-on-one interview with ABS-CBN News, Kaufman described several developments ahead of the pivotal hearing, from visitation restrictions to the defense strategy and pending appeals.</p><div><strong>VISITATION CUT-OFF, FILIPINO LAWYERS</strong></div><p>Kaufman confirmed that the temporary halt in family visits is standard ICC procedure ahead of hearings, noting the decision had been taken “a month ago.”</p><p>“Yes. It&#x27;s absolutely normal court practice. In the week before the confirmation proceedings, in order to prepare the suspect, in this case, our client, Mr. Duterte, for the confirmation process, they cut off all contact with the family, so that there&#x27;s no interference,” Kaufman said.</p><div><iframe src="https://www.facebook.com/plugins/post.php?href=https%3A%2F%2Fwww.facebook.com%2FabscbnNEWS%2Fposts%2Fpfbid0xUiybo4kucKr8LLikM5SqudJZVs8Rm89uyFZscqG4Lp14KC7VFnGUC7bL5CXw4Ucl&amp;show_text=true&amp;width=500" width="500" height="673" style="border:none;overflow:hidden" scrolling="no" frameBorder="0" allowfullscreen=""></iframe></div><p>He noted, however, that Duterte had already waived his attendance at the confirmation hearing, a request approved by the three judges of Pre-Trial Chamber I.</p><p>In a “notice to the public” issued February 22, the Duterte family announced that there are no approved in-person family visits to the former president while the ICC is conducting hearings. However, “telephone calls will continue to be made available.”</p><p>The family also announced the attendance of Duterte’s <a href="https://www.abs-cbn.com/news/nation/2026/2/22/medialdea-panelo-among-ex-duterte-officials-in-filipino-team-for-icc-hearing-1405">Filipino legal team</a> at the confirmation hearing, namely: former Duterte Executive Secretary Salvador Medialdea, former LTFRB Chairman Martin Delgra III, former Labor Secretary Silvestre Bello III, former BIR Commissioner Caesar Dulay, former Presidential Spokesperson Salvador Panelo, and Alfredo Lim Jr.</p><p>Kaufman said their involvement was not last-minute and that some have long been advising the Defense team.</p><p>“Attorney Martin Delgra, Attorney Salvador Medialdea have been working with us all along. We&#x27;ve been taking advice from Attorney Delgra who has been the former president&#x27;s lawyer for many years. Same for Salvador Mediadea, Bingbong, who has been a long time friend of the former president,” he said.</p><p>Kaufman added that the support of the Filipino lawyers is “very significant and very important,” as they aim to help explain the proceedings to the Filipino public “through unfiltered and unbiased stance.” He said he is “very privileged” to have their support.</p><p>“Especially Attorney Salvador Panelo who&#x27;s quite an icon, someone who I quite admire and have followed over the years,” he added.</p><p>However, Kaufman acknowledged they would likely observe from the gallery because they arrived too late to secure courtroom passes.</p><div><strong>DUTERTE&#x27;S COGNITIVE STATE A KEY ISSUE</strong></div><p>Kaufman again raised concerns about the former president’s mental condition, saying he is “not capable of delivering effective instructions.” The defense previously litigated his fitness but was unable to fully challenge the medical findings issued by a panel of 3 independent experts.</p><p>For the confirmation hearing, Kaufman said Duterte is not fully involved in the process but confirmed he last visited the former president in detention on Thursday.</p><p>“But on Monday to Thursday, we were there with him. I was there twice this week. I saw him on Thursday. I, prepared him for the eventuality that the judges might reject his request for a waiver. He understood that. And as I said, for the rest of the time, we&#x27;ve been busy working, preparing for the confirmation process, which starts tomorrow.,” he explained.</p><p>Kaufman nonetheless said Duterte understands the significance of the proceedings.</p><p>“Yes. He understands that because we&#x27;ve repeated it so many times that he can&#x27;t possibly forget it now…he understands the nature of the process because he himself was a former prosecutor.”</p><p>He added that while Duterte grasps the overall process, his short-term memory has significantly deteriorated.</p><p>“His long term memory, his memories of childhood, his memories of his early career and presidency, well, early presidency, I would say, are intact. His short term memory, however, is completely gone. It&#x27;s very sad,” Kaufman said.</p><p>“We repeat important issues many times. Sometimes we tell him stuff. He&#x27;s forgotten it the following day. So we have to repeat.”</p><div><strong>CONFIRMATION HEARING</strong></div><p>Kaufman described the ICC confirmation process as a distinctive mechanism.</p><p>“Yes, it’s a unique creature and it&#x27;s unique to the ICC.”</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/vFJsDWmTQdk?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><p>He compared it to a “grandiose, committal proceeding” in common law systems, where judges examine whether the evidence is strong enough to justify a full trial.</p><p>He outlined the three ICC standards of proof:</p><p>* Reasonable grounds — used for arrest warrants</p><p>* Substantial grounds — used at confirmation</p><p>* Beyond reasonable doubt — required for conviction</p><p>Kaufman stressed the defense does not need to prove innocence at this stage but only to show the prosecution has not met the “substantial grounds” threshold.</p><p>“Are there substantial grounds to believe that the former president committed the crimes that the prosecution alleges that he committed? So, that&#x27;s the role of the prosecution. The defense doesn&#x27;t have to do anything, with respect to proving things. It doesn&#x27;t have to prove Mr. Duterte&#x27;s innocence. All it has to do is show that substantial grounds to believe that he committed a crime don&#x27;t exist. And we can do that on the basis of the evidence that we&#x27;ve examined,” Kaufman explained.</p><p>Kaufman said the team will focus on undermining the prosecution’s evidence during the week-long proceedings.</p><p>“Our job, as I said, is to chip away at the prosecution evidence and try and convince the judges that they shouldn&#x27;t let this case go to trial,” he said.</p><p>He also maintained Duterte’s innocence.</p><p>“He is innocent, and I one hundred percent believe because the evidence that has been brought against him doesn&#x27;t make out the prosecution case against him. And I believe that when he made those speeches, he didn&#x27;t make them with criminal intent.” Kaufman said.</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/UqdIMDSqjj4?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><div><strong>JURISDICTION FIGHT</strong></div><p>A major unresolved issue, Kaufman said, is the Defense jurisdiction challenge now before the Appeals Chamber.</p><p>He noted the Defense is still awaiting that ruling and questioned why confirmation is proceeding before the appeals decision.</p><p>“This is unique. I must say this, and this is something, this is worth stressing. We&#x27;ve been pushed into a confirmation process when one of the most fundamental issues in this case is still undecided, and that&#x27;s the issue of jurisdiction.”</p><p>Kaufman said the defense hopes charges will not be confirmed.</p><p>“Obviously, I would hope that the charges won&#x27;t be confirmed and we can send the former president back home.”</p><p>If judges find substantial grounds, the case would proceed to trial at a later date.</p><p>He also clarified that any appeal from a confirmation decision is not automatic.</p><p>“On confirmation, it&#x27;s not automatic. No. You have to seek leave to appeal.”</p><div><strong>INTERIM RELEASE</strong></div><p>The defense is also appealing the continued detention of Duterte, arguing medical evidence shows he does not meet the risk factors under Article 58, which include: the risk of flight, the risk of interfering with witnesses, and the risk of continued commission of crime.</p><p>“We said that somebody of Mr. Duterte&#x27;s age and physical and mental condition was not able to satisfy those risk factors.”</p><p>Kaufman said they have appealed the first detention review that ruled to keep Duterte at the ICC Detetion Centre in The Hague and are still waiting for the Appeals Chamber’s ruling on that matter.</p><p>“We supplied medical evidence to support that. The court ignored that medical evidence, so we&#x27;re appealing that decision,” he said.</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/ZpAI5vzwasE?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><div><strong>RESERVATIONS OVER VIDEO APPEARANCE</strong></div><p>Kaufman expressed strong concerns about the possibility of Duterte appearing via video link in future proceedings.</p><p>“I have severe reservations regarding the use of the video link,” he said, recalling the former president appeared “exhausted, half asleep” during his initial appearance hearing last March 14, 2025 and describing it as “sheer humiliation.”</p><p>He added the defense has prepared a barong should Duterte decide to appear in person.</p><p>“We&#x27;ve obviously had a barong acquired for him should he decide that he wants to come to court. And of course, it&#x27;s his own decision, and whatever I&#x27;m instructed to do, I will do, and I will do it to the best of my ability,” Kaufman said.</p><p>While Pre-Trial Chamber I granted Duterte’s waiver of presence at the confirmation hearing, it does not automatically cover the first annual detention review scheduled on February 27.</p><p>“Well, it gets a bit more difficult then because the Statute requires for the yearly review, for a person to be present in court. It&#x27;s a mandatory requirement. However, we will be considering our options, nearer the date,” Kaufman adds.</p><div><strong>MESSAGE TO SUPPORTERS</strong></div><p>Kaufman ended the interview with a brief message to Duterte’s supporters.</p><p>“Be strong, watch carefully and don&#x27;t believe everything that the government&#x27;s media tells you.”</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/BQfrrx66mVc?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><p>The ICC Pre-Trial Chamber is set to hear arguments from February 23 to 27 on whether there are substantial grounds to send the case to full trial, while separate appeals on jurisdiction and detention remain pending before the Appeals Chamber.</p>

<p>Lead defense counsel Nicholas Kaufman says preparations are underway for the International Criminal Court’s confirmation of charges proceedings against former President Rodrigo Duterte, while raising fresh concerns about his client’s health, detention, and the court’s handling of key issues.</p>

Lead defense counsel Nicholas Kaufman says preparations are underway for the International Criminal Court’s confirmation of charges proceedings against former President Rodrigo Duterte, while raising fresh concerns about his client’s health, detention, and the court’s handling of key issues.

Duterte defense to 'chip away' at prosecution evidence in confirmation hearing

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Duterte defense to 'chip away' at prosecution evidence in confirmation hearing

Zen Hernandez,

ABS-CBN News

Published Feb 23, 2026 07:13 AM PHT

Read More:

Rodrigo Duterte

Nicholas Kaufman

ICC

Pre-Trial Chamber

Appeals Chamber

War on Drugs

Crimes Against Humanity

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