ICC allows Kaufman to quit as Duterte's lead counsel

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May 11, 2026 | 7:00pm

MANILA, Philippines — The International Criminal Court has granted Nicholas Kaufman's request to withdraw as lead counsel for former president Rodrigo Duterte.

In a decision on Monday, May 11, the court's Trial Chamber II also ordered the identity of Kaufman's replacement be made public unless he gives reasons by end of business day to keep it confidential.

The court said in its decision that no prejudice would arise from Kaufman's exit as the change stems from Duterte's own decision. It also stated that the terms of the new representation have been agreed, and the incoming lead counsel is prepared to take over immediately and attend the case's first status conference on May 27.

"Having considered the present stage of the proceedings and the aforementioned factors, the Chamber is of the view that no prejudice arises or inconvenience is caused by accepting Mr Kaufman's withdrawal," the chamber said in the ruling signed by Presiding Judge Joanna Korner and Judges Keebong Paek and Nicolas Guillou.

The chamber also ordered the public identification of the replacement lawyer. Kaufman's May 8 filing requesting to withdraw had redacted the new counsel's name from the public version, but the judges said no justification was offered for keeping it confidential.

"Since Mr Kaufman has not provided any justification for keeping this confidential, and unless Mr Kaufman provides any reasons to keep his name confidential by COB Monday 11 May 2025 [sic], the Registry is instructed to reclassify the Request as public," the chamber wrote.

The judges reminded Kaufman of his continuing obligations on confidentiality and record-keeping under the ICC Code of Professional Conduct and the Rome Statute, and said they "appreciate the assurances" he made on those points.

Kaufman told Philstar.com in a message: “The name of replacement counsel was filed confidentially out of respect for him, just in case of last minute hitches in the appointment process. I shall not be responding and the name will be released in due course."

Kaufman, a British-Israeli lawyer, had represented Duterte since his arrest in March 2025. He led the former president's defense through the crucial confirmation of charges hearings in February and, most recently, the failed jurisdictional challenge that was ultimately rejected in April.

He told the chamber his one-year engagement with Duterte had ended on March 31, 2026, and that the former president, during a May 7 visit at the ICC Detention Center, released him and indicated he wanted a new lawyer.

Kaufman's withdrawal completes a near-total reshuffle of Duterte's defense ahead of trial. The same chamber on May 8 approved the withdrawal of associate counsel Dov Jacobs, who cited Duterte's plan to reorganize his defense team ahead of his trial.

On April 23, Pre-Trial Chamber I confirmed all three charges of crimes against humanity against Duterte for murder tied to killings under his anti-drug campaign as Davao City mayor and as president from 2016 to 2022. That confirmation came a day after the Appeals Chamber on April 22 upheld the court's jurisdiction over the Duterte case despite the Philippines' 2019 withdrawal from the Rome Statute.

Duterte's earlier bids for interim release were denied by the Pre-Trial Chamber in September 2025 and affirmed by the Appeals Chamber, and a January 2026 detention review kept him in custody.

The May 27 status conference will tackle several of the basic elements in the trial phase. This includes the actual trial date, the number of witnesses and hours of testimony, the use of expert witnesses, remote testimony arrangements and the volume of documentary evidence to be presented.