MANILA, Philippines — The defense counsel for former president Rodrigo Duterte on Thursday asked judges at the International Criminal Court (ICC) to order the prosecution to amend its charges and consider his interim release if the chamber decides to alter the legal basis of liability in the case.
Speaking during the continuation of the confirmation of charges hearing, defense lawyer Nicholas Kaufman told the chamber that any reclassification of Duterte’s alleged criminal responsibility would necessitate the resubmission of both the Document Containing the Charges and the prosecution’s pre-confirmation brief.
“I respectfully submit, you should order the prosecution to resubmit its document containing the charges and its pre-confirmation brief as amended and to release Mr. Duterte in the interim,” Kaufman said.
The defense reiterated its position urging the chamber not to exercise its discretion under Regulation 55 of the court’s rules to modify the legal characterization of the alleged conduct.
Kaufman argued that doing so at this stage would effectively reshape the prosecution’s case, which currently relies on theories such as indirect co-perpetration, ordering, and aiding and abetting under Article 25 of the Rome Statute.
He maintained that the prosecution had not charged Duterte under Article 28, which covers command responsibility, and warned that introducing such a basis of liability without amended filings could prejudice the rights of the accused.
Kaufman said that if judges were nonetheless inclined to proceed with reclassification, the prosecution should be required to formally revise its submissions and Duterte should be released while the amended documents were prepared and reviewed.
The defense also reiterated that prosecutors had failed to present documentary evidence of direct orders allegedly issued by Duterte or demonstrate a clear chain of command linking him to the 49 incidents cited in the charges.