MANILA, Philippines — International lawyer Nicholas Kaufman has asked the International Criminal Court to let him withdraw as lead counsel for former Philippine President Rodrigo Duterte, multiple sources confirmed on Monday. The request was filed with the ICC’s Pre-Trial Chamber I in The Hague, Netherlands.
Kaufman’s motion seeks the court’s permission to cease legal representation, though the exact reason for the withdrawal has not been publicly detailed by his office. The document was submitted on March 1, 2025, according to court insiders who spoke on condition of anonymity because the proceedings are confidential.
Kaufman had earlier sought to appeal a confidential ICC decision
The move comes days after Kaufman withdrew a separate request to appeal an undisclosed ICC ruling. On February 28, the lawyer had filed a notice to abandon an appeal regarding a “confidential decision” by the court, according to the Office of the Prosecutor.
In a social media post, the ICC prosecution noted that Kaufman’s withdrawal of the appeal did not affect the ongoing preliminary examination into the Duterte administration’s anti-drug campaign. “The Office of the Prosecutor takes note of the withdrawal,” the statement read. “The investigation continues.”
ICC prosecution had flagged a conversation between Kaufman and Duterte
The prosecution earlier sought to have a specific conversation between Kaufman and Duterte stricken from the court record. In a filing made public last week, prosecutors argued that the discussion was “not covered by legal professional privilege” and should be removed.
The content of the conversation has not been disclosed. Court observers, however, note that the prosecution’s move suggests potential tension between the defense team and the ICC prosecutor, Karim A.A. Khan QC.
In a related development, Kaufman explicitly denied rumors that Duterte had dismissed him. In a statement posted on February 27, the lawyer said: “The client decides. He has not fired me. I remain his counsel until the court rules otherwise.” The statement was posted on Kaufman’s verified social media account and later amplified by several Philippine news outlets.
Duterte’s legal team faces internal confusion
The series of filings has created an atmosphere of uncertainty around the former president’s defense. Duterte faces a preliminary examination at the ICC for crimes against humanity allegedly committed during his drug war from 2016 to 2022, which left thousands dead according to official data.
In a related development, a separate group of lawyers in the Philippines announced they had formed a “Duterte Legal Defense Team” but said they were waiting for instruction from the former president. At a press conference on March 2, lawyer Topacio said: “We are ready to assist. But we respect Mr. Kaufman as the lead international counsel.”
The ICC formally recognized Kaufman as Duterte’s counsel in December 2024, after the former president voluntarily participated in the court’s preliminary examination. Duterte has repeatedly denied authorizing extrajudicial killings and has said he welcomes the ICC process to clear his name.
What happens next at the ICC
The ICC Pre-Trial Chamber will now rule on Kaufman’s withdrawal request. If granted, Duterte would need to appoint a new lawyer or the court could assign one from its list of counsel.
The chamber has not set a timeline for its decision. Under the Rome Statute, a defendant has the right to choose legal representation, but the court must ensure that any change does not delay proceedings.
The Office of the Prosecutor has not publicly commented on Kaufman’s withdrawal request. A spokesperson for the court said only that “the matter is sub judice and no further details can be provided at this time.”
The development is the latest twist in a case that has drawn international attention. Duterte’s legal strategy had centered on arguing that the ICC lacks jurisdiction because the Philippines withdrew from the Rome Statute in 2019, though the court has ruled it retains jurisdiction over crimes committed while the country was still a member.
Kaufman, an Israeli-British lawyer, is known for representing high-profile clients at international tribunals, including former Liberian President Charles Taylor. His potential departure from the Duterte case could reshape the defense’s approach in the coming months.
