Civil society groups urge ICC to sanction Duterte lawyer

A coalition of Filipino civil society groups has formally called on the International Criminal Court to sanction Nicolas Kaufman, defense counsel for former President Rodrigo Duterte, for allegedly engaging in a pattern of disinformation during proceedings related to crimes against humanity committed in the Philippines.

In a strongly worded statement released on Sept. 28, 2025, Center accused Kaufman of misrepresenting official positions and distorting facts in filings before the Court in connection with Duterte’s application for interim release.

The coalition asserted that these acts amount to professional and legal misconduct, severely undermining the trust of victims and the broader public in the credibility of the Court.

“On at least two separate occasions, Mr. Kaufman has distorted the factual record before the Court in order to advance the defendant’s application for interim release,” the statement read.

In one such instance on June 12, 2025, Kaufman claimed in a court filing that the Office of the Prosecutor (OTP) had agreed with the defense team to support Duterte’s interim release under certain redacted terms.

The OTP later denied this assertion in formal filings, dismissing the claim as false and clarifying that no such agreement had occurred.

The statement also criticized Kaufman for misrepresenting remarks made by Presidential Undersecretary Claire Castro, who had said that “whatever the decision of the [ICC], the government [of the Philippines] will accept it”—a remark taken out of context by the defense, according to the coalition.

They argued that Kaufman’s framing of this quote falsely implied the Philippine government’s endorsement of the defense’s request for interim release, when in fact the government had clarified its neutral and procedural stance.

“The submission is part of the Court’s official record and has been spread widely by the Philippine media, and has reached countless victims and potential witnesses,” the statement warned.

The signatories described Kaufman’s actions as deliberate disinformation, stating that his claims do not fall under the “reasonable scope of zealous advocacy” but rather amount to “deliberately professing deceptive, misleading claims.”

The statement emphasized that such conduct contributes to a broader trend of discrediting the ICC, which is currently under international scrutiny, particularly from states seeking to undermine its authority.

The coalition further argued that Kaufman’s actions harm victims by fostering confusion, distorting facts, and eroding public confidence in the Court’s ability to deliver justice.

“Distrust and doubt are fostered among the victims and communities impacted by crimes against humanity in the Philippines when the repeated overreach of counselors like Mr. Kaufman continues to obscure the truth,” they said.

The statement cited multiple victims who expressed concern over the misleading filing and said it caused confusion over whether the OTP or the Philippine government had indeed agreed to Duterte’s interim release.

Calling for concrete action, the coalition urged the OTP and the Office of Public Counsel for Victims (OPCV) to proactively counter all forms of disinformation and initiate disciplinary measures against Kaufman for what they described as repeated factual misrepresentations.

They also appealed to the Philippine government to disavow Kaufman’s claims and consider taking disciplinary action against him for distorting the country’s official position before the ICC.

Additionally, the coalition called on the Court—particularly the Pre-Trial Chamber and the Presidency—to impose sanctions under the Rome Statute and the Court’s Rules of Procedure for Kaufman’s alleged disinformation.

The statement closed with a broader warning about the potential consequences of misinformation in proceedings involving atrocity crimes.

It argued that the erosion of trust in the ICC weakens its ability to serve as a last resort for justice and undermines the hopes of victims seeking redress through international legal mechanisms.

“The pain and suffering of the victims is further deepened by manipulation and unethical tactics from counsel that makes a mockery of and undermines their hopes for a trustworthy legal process,” the groups said.

The statement was signed by dozens of human rights organizations, legal experts, civil society groups, academic leaders, and survivors’ advocates across the Philippines.

Among the signatories were the Philippine Coalition for the International Criminal Court, CenterLaw Philippines, In Defense of Human Rights and Dignity, Karapatan, and prominent figures such as Bishop Pablo Virgilio David, former Senator Leila de Lima, and Representatives Chel Diokno and Arlene “Kaka” Bag-ao.

The groups called on all actors involved in the ICC proceedings to “act decisively to protect the integrity of these proceedings and safeguard the trust placed by the victims in the vision of international justice.”