LEAD DEFENSE counsel Nicholas Kaufman painted a portrait of an 80-year-old former President Rodrigo Duterte who has accepted his fate, claiming his “eyes simply glazed over” when being briefed about the confirmation of charges at the International Criminal Court.
The hearing concluded on Friday, Feb. 27, 2026, and the ICC Pre-Trial I judges now deliberate whether to proceed to a full trial against the former leader for alleged crimes against humanity.
During his closing statement, Kaufman recounted a recent one-hour visit with Duterte at the ICC detention center.
He described a former president as having lost the desire to follow the legal proceedings, refusing to view excerpts of the evidence or even his own defense’s opening statements.
“I have done my duty, and I have left my legacy,” Duterte reportedly told his counsel. “I can no longer help you. I no longer remember much at all… I have now accepted my fate, and I realize that I could die in prison.”
The “artificial” connection
Kaufman’s legal strategy centered on attacking the prosecution’s reliance on “indirect co-perpetration”—a technical legal theory used to link high-level leaders to crimes committed by subordinates.
The defense argued that the prosecution had failed to provide a direct link between Duterte and the 78 specific deaths alleged in the current charges.
The defense further lashed out at the prosecution’s witnesses, labeling them “self-confessed murderers” who were granted immunity and new identities in exchange for “dubious services.”
Kaufman dismissed these witnesses as “liars and scalawags” known to Duterte only from his early days as Mayor of Davao.
A somber milestone
The courtroom heard vivid descriptions of the “Duterte Street” and “Duterte Park” protests outside the detention center, where supporters have gathered. Kaufman spoke of “mountains of cards” and “forests of flowers” sent for the former president’s 80th birthday—noting that while supporters see him as a “faithful servant,” court staff reportedly let the bouquets rot in the corridors.
The defense concluded with an emotional appeal for the former president’s release on humanitarian grounds.
“I ask you to let Rodrigo Duterte return to the Philippines,” Kaufman pleaded. “Not to govern, but simply to let him live out the rest of his days in peace in his humble dwelling in Davao.”
The Pre-Trial Chamber will now review the evidence presented during the week-long hearing. If the charges are confirmed, the case will move to trial, marking the first time a former Southeast Asian leader has been tried by the ICC.
