Filipino groups ask ICC to discipline Duterte lawyer for ‘disinformation’

The Hague, Netherlands - Filipino civil society organizations have called on the International Criminal Court (ICC) to discipline defense counsel Nicolas Kaufman, accusing him of repeatedly spreading disinformation in filings to support former president Rodrigo Duterte’s request for interim release.

In a joint statement, the groups representing victims of Duterte’s bloody war on drugs expressed “grave concern and alarm” over what they described as Kaufman’s pattern of misrepresenting facts before the court.

They said such actions undermine public trust in the ICC and further erode victims’ faith in the judicial process.

The groups cited at least two instances where Kaufman allegedly distorted official positions. In June 2025, he said the Office of the Prosecutor (OTP) had agreed to Duterte’s interim release under certain conditions — a statement the OTP later denied in court filings.

More recently, in a Sept. 26 submission, Kaufman pointed to Palace press officer Claire Castro’s remarks that the government would “accept whatever the ICC decides” as proof that Manila did not object to Duterte’s release.

The organizations said Castro’s statement was a general affirmation of respect for the ICC’s independence, not a policy position supporting Duterte’s bid.

“By twisting its meaning into acquiescence, Kaufman’s misrepresentation gave the impression that the Philippine government supported the defense - which is far from the truth,” the groups said.

They said the mischaracterizations amount to “professional and legal misconduct” that jeopardizes the integrity of ICC proceedings.

“Such erosion of trust squanders the opportunity to achieve meaningful justice and reparations through the international accountability mechanism of the Court, and further weaponizes the Court’s processes to demoralize and distress those already deeply harmed by Duterte’s ‘war on drugs,’” the statement read.

The signatories urged the ICC’s Office of the Prosecutor and Office of Public Counsel for Victims to take proactive steps against disinformation and to seek disciplinary sanctions against Kaufman. They also called on the Philippine government to disavow Kaufman’s claims and for the ICC’s Pre-Trial Chamber and presidency to consider disciplinary measures under the Rome Statute.

“The victims of Duterte’s crimes against humanity have turned to the ICC as a court of last resort,” the groups said. “Their pain and suffering is further deepened by manipulation and unethical tactics from counsel that undermine their hopes for a trustworthy legal process.”

In a statement, Kaufman calls the complaiunt baseless and only intended to detain Duterte longer.

“I have no need nor desire to comment on baseless and vexatious complaints filed by civil society activists with a vested interest in seeing the former President detained for the rest of his life. This collective and concerted effort, is designed to poison the fairness of the proceedings,” Kaufman said in a statement to NewsWatch Plus.

Duterte faces charges of crimes against humanity before the ICC over thousands of killings linked to his war on drugs. His defense team has been pressing for interim release while proceedings are underway, a move opposed by the ICC prosecutor and clarified by Malacañang as not backed by the Philippine government.