Camille Naredo

Defense lawyer Nicholas Kaufman during the first session of the confirmation of charges hearings at the International Criminal Court in The Hague on February 23, 2026. ICC Handout

Article (news)

Zen Hernandez

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px;display:block" width="960"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/177253086669420260223-icc-duterte-defense-nicholas-kaufman-HO-2.jpg" style="width:960px" class="fr-fic fr-dib" alt="Defense lawyer Nicholas Kaufman during the first session of the confirmation of charges hearings at the International Criminal Court in The Hague on February 23, 2026. ICC Handout" width="960"/><span class="fr-inner" style="text-align:left">Defense lawyer Nicholas Kaufman during the first session of the confirmation of charges hearings at the International Criminal Court in The Hague on February 23, 2026. <em>ICC Handout</em></span></span></span></div><p>MANILA -- Former President Rodrigo Duterte’s lead counsel Nicholas Kaufman is considering a move to seek disclosure of documents related to former Senator Antonio Trillanes IV’s claimed involvement in the case. </p><p>He said the matter could be raised before the Pre-Trial Chamber now or, if charges are confirmed, the Trial Chamber.</p><p>Bringing printed copies of news articles in the Philippines, Kaufman pointed to Trillanes’ public statements, and remarks attributed to former Justice Secretary and now Ombudsman Jesus Crispin Remulla, to argue that the former senator has been linked to efforts to connect witnesses and information to the International Criminal Court (ICC).</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/2/24/trillanes-100-sure-evidence-vs-duterte-sufficient-in-confirmation-of-charges-hearing-2220">READ: Trillanes &#x27;100%&#x27; sure evidence vs. Duterte sufficient in confirmation of charges hearing</a></div><p>“I can’t tell you who gave witnesses to the ICC, okay? But I can tell you what Mr. Trillanes himself said,” Kaufman said.</p><p>He cited what he described as Trillanes’ statements to the press, including claims of coordination with the ICC and references to witness-related discussions.</p><p>“Back in September of 2025, we had Jesus Crispin Remulla, when he was then the Secretary of Justice I think, saying that the country has no direct relationship with the ICC, which is why Trillanes became a bridge between its government and the responsibility to protect witnesses. Then I think in October, he also said that Trillanes remains in coordination with the ICC to submit evidence and assist in locating witnesses for the case. That&#x27;s Trillanes himself,” Kaufman said.</p><p>“And as of today, Remulla, once again, now the Ombudsman, comes back and he said the former Senator Antonio Trillanes, who introduced him to two ICC personnel and they discussed the protection for witnesses in the ICC case that was filed against the former President Rodrigo Duterte. Now, there&#x27;s no secret about Trillanes’ distaste, if I can put it that way, for the former President. He&#x27;s been involved in this case right from the start,” Kaufman added.</p><p>Duterte’s camp has been alleging political motives behind the ICC case, even if legal counsels of the victims of Duterte’s bloody war on drugs, as well as Malacañang palace, has constantly reminded that the case began in 2017, when the first communication was filed before the ICC and Duterte was still President.</p><p>But for Kaufman, Trillanes&#x27; cooperation with the Marcos Jr. administration must be examined.</p><p>“It means that if he’s close to the President himself, then perhaps there is some substance to the allegations that have been made,” Kaufman said.</p><p>Pressed on what action he may take, Kaufman said he is “currently contemplating” seeking more clarity on what Trillanes “really” did, including any framework that might have allowed involvement despite the Philippines’ lack of an agreement with the Court.</p><p>“I can seek further clarification. I’m currently contemplating whether I ought to do that,” he said.</p><p>He said the initial step would be to request materials from the Office of the Prosecutor.</p><p>“I can seek disclosure. I can petition the Office of the Prosecutor, I can ask for the disclosure of documentation. They can refuse,” Kaufman said.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/2/26/trillanes-denies-2-million-bribe-to-icc-judges-1013">READ: Trillanes denies $2 million bribe to ICC</a></div><p>If prosecutors decline, he said he could seek judicial intervention.</p><p>“If they refuse to give me it, because they believe that I&#x27;m on a fishing trip as opposed to seeking it for some legitimate purpose, and I do have a legitimate purpose in mind but I&#x27;m not going to disclose it to you, then I can go before the Pre-Trial Chamber now, the Trial chamber should we need to, if the case gets confirmed,” he said.</p><p>In response, Trillanes said: &quot;Atty. Kaufman talks about these things as though there were crimes or violations committed. Anyway, he is expected to do what he needs to do to earn his keep.&quot;</p><div><br/></div><div><strong>BELOW &#x27;SUBSTANTIAL GROUNDS&#x27;</strong><strong><span class="fr-img-caption fr-fic fr-dib" style="width:960px;display:block" width="960"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/1772530842593022226_ICC Duterte.jpg" style="width:960px" class="fr-fic fr-dib" alt="Relatives of drug war victims hold a protest in front of the International Criminal Court, ahead of the confirmation of charges hearing against former president Rodrigo Duterte at The Hague in the Netherlands, February 22, 2026. Katrina Domingo, ABS-CBN News" width="960"/><span class="fr-inner" style="text-align:left">Relatives of drug war victims hold a protest in front of the International Criminal Court, ahead of the confirmation of charges hearing against former president Rodrigo Duterte at The Hague in the Netherlands, February 22, 2026. <em>Katrina Domingo, ABS-CBN News</em></span></span></span></strong></div><p>For Kaufman, the case against his client should not proceed. Aside from his claim during his opening statement at the confirmation hearing, that “President Ferdinand Marcos Jr. set out to neutralize Rodrigo Duterte,” he also believes the prosecution’s evidence, despite its “sheer amount,” falls below the ICC’s “substantial grounds” threshold required to move to trial.</p><p>“I think we showed that we were particularly familiar with the evidence and I say that as an understatement. We learned all that evidence. We, our team, were working day and night to assimilate all of that evidence, as you saw from our submissions during the hearing. We attacked each and every one of those incidents, all of the 49 incidents in the context of which 78 people were killed. We tackled them and we challenged the evidence on each one of them,” he said.</p><p>Kaufman also addressed victims’ families twice during his presentation. He explained that he was touched when he saw a woman crying in the gallery.</p><p>“That was on the day that the victims spoke. Yes, on the day that the legal representatives for the victims made their arguments before the Chamber…as a human being obviously, it touched me um and I’ve given my reasons why already and I don&#x27;t make light of the loss of life,” he said.</p><p>Kaufman also said he is not denying that many people were killed during the drug war.</p><p>“The International Criminal Court was set up to counter impunity. So by its very nature, every case that is brought before the International Criminal Court puts the victims at the forefront and I’m human being at the end of the day and if people have lost loved ones then I’m not going to be the person who makes light of that and a lot of people were killed and we&#x27;re not denying that. We&#x27;re just saying that Mr. Rodrigo Duterte is not the person who&#x27;s responsible for those deaths,” he further explained.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/2/28/duterte-s-defense-grasping-at-straws-victims-camp-says-as-icc-confirmation-hearing-concludes-1204">READ: Duterte’s defense ‘grasping at straws’, victims’ camp says as ICC confirmation hearing concludes</a></div><p>Kaufman also said his engagement covers only the confirmation of charges proceedings, and that the defense team for a possible trial remains undecided.</p><p>“I was hired specifically for the confirmation proceedings. It’s not clear whether I’ll be rehired or not, it’s not my decision to make,” he said.</p><p>He said it can be “healthy” for a client to consider changing counsel after confirmation, if they feel that “a fresh mind and fresh ideas might benefit the case.” But if he is rehired, he said he would likely keep the same team.</p><p>“If it be decided that I stay on as I said, it&#x27;s subject to negotiation, then I will probably stay with the same team, yes,” he said.</p><p>On the six Filipino lawyers who accompanied him, Kaufman declined to comment on whether they would be part of any trial team, but credited them for support work, including public-facing explanations and helping identify documents used by the defense.</p><p>“They were also providing a very important function, they were explaining the proceedings to the Filipino public. As I said, I don&#x27;t speak the language, the local language. Bisaya, I don&#x27;t speak. I don&#x27;t speak Tagalog, so they perform a very important role and also they were giving their input as with respect to various aspects of police procedure, manuals, what have you,” he explained.</p><div><br/></div><div><strong>RULINGS ON APPEALS</strong></div><p>After the four-day proceedings, Kaufman said the defense is awaiting rulings on key appeals.</p><p>&quot;First of all, we&#x27;re waiting for the judgment on our jurisdictional appeal that could be rendered any day. We&#x27;re also waiting for a judgment on our appeal of the first detention review. If you remember that was when we submitted independent medical advice as to whether or not the former president could meet the risk factors envisaged in article 58 of the Rome statute,&quot; he said.</p><p>The detention appeal is linked to Duterte’s application for interim release.</p><p>In defense submissions, it has been indicated that a country has expressed willingness to host the former president should the ICC grant it. But Kaufman clarified that country is not the Philippines, due to the practical limits of interim release while proceedings are ongoing.</p><p>&quot;There is no way that the prosecution would agree or the court would agree to send the former president back to the Philippines, while the case is being conducted. Because they would argue that there would be a threat to witnesses, what have you,&quot; he said.</p><p>&quot;I have to accept it. Realistically speaking, any counsel who would ask to release his client back to the place where the alleged crimes are committed  -- and I stress alleged crimes because we don&#x27;t accept that there were any crimes committed by the former president -- but you obviously have to be realistic and not put forward unrealistic options,&quot; he added.</p><p>But he maintained Duterte should return home if the case is not confirmed.</p><p>&quot;He should go back to the Philippines because we hope that this case won&#x27;t be confirmed and if the case isn&#x27;t confirmed then it&#x27;s his right to go back to the Philippines as a Filipino national,&quot; Kaufman said.</p><p>Kaufman refused to identify the country he said is willing to host Duterte, citing confidentiality.</p><div><br/></div><div><strong>RELATED VIDEO:</strong></div><div><strong><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/-PanYjxDnS4?&amp;pp=0gcJCa4KAYcqIYzv&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span></strong><br/></div>

<p>Former President Rodrigo Duterte’s lead counsel Nicholas Kaufman said he is considering a move to seek disclosure of documents related to former Senator Antonio Trillanes IV’s claimed involvement in the case.</p>

Former President Rodrigo Duterte’s lead counsel Nicholas Kaufman said he is considering a move to seek disclosure of documents related to former Senator Antonio Trillanes IV’s claimed involvement in the case.

Kaufman mulls bid to force disclosure on Trillanes’ alleged ICC role

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Kaufman mulls bid to force disclosure on Trillanes’ alleged ICC role

Zen Hernandez,

ABS-CBN News

Published Mar 03, 2026 05:43 PM PHT

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Updated Mar 03, 2026 07:29 PM PHT

Read More:

Rodrigo Duterte

Nicholas Kaufman

Antonio Trillanes

ICC

Pre-Trial Chamber

confirmation of charges

Appeals Chamber

War on Drugs

Crimes Against Humanity

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