FACT CHECK: Kaufman hasn’t ‘won’ Duterte’s ICC case; judges’ deliberations ongoing

Claim: Nicholas Kaufman, defense counsel of former president Rodrigo Duterte, has successfully defended Duterte and secured a victory in his crimes against humanity case at the International Criminal Court (ICC).

Rating: FALSE

Why we fact-checked this: A Facebook post by the page “PrimeTime Celebs,” uploaded on March 6, claimed that the ICC confirmation of charges hearing had ended with Kaufman impressing the judges, raising the possibility of dismissal within 60 days.

The post stated: “Natapos na ang huling sesyon ng confirmation of charges hearing sa ICC. Sa gitna ng tensyon, umani ng papuri si Atty. Nick Kaufman, ang lead counsel ni FPRRD, dahil sa kanyang matalinong pag-atake sa mga ebidensya ng prosekusyon na nagbibigay ng pag-asa na maaaring mabasura ang kaso.” 

(The final session of the ICC confirmation of charges hearing has ended. Amid the tension, Atty. Nick Kaufman, FPRRD’s lead counsel, earned praise for his intelligent attack on the prosecution’s evidence, raising hope that the case might be dismissed.)

The post also featured an image of Kaufman, Duterte, and the judges of ICC Pre-trial Chamber I. Text overlaid on it reads, “Sa wakas panalo si Kaufman. Latest update sa ICC at sa napipintong desisyon kay FPRRD.”

(Kaufman finally won. Latest update on the ICC and the impending decision on [former president Rodrigo Roa Duterte].)

As of writing, the post has garnered 14,000 reactions, 14,000 likes, 2,000 comments, and 504 shares.

The facts: Kaufman has not “won” the case, as the ICC judges have not yet released any ruling on Duterte’s crimes against humanity case.

Duterte’s confirmation of charges hearing was held on February 23, 24, 26, and 27. With the conclusion of the pre-trial hearing on February 27, the ICC judges have 60 days to decide if there are “substantial grounds to believe” the suspect committed the alleged crimes. A confirmation sends the case to trial; otherwise, charges may be dismissed.  

As of writing, the case is still under deliberation by the ICC Pre-Trial Chamber and the judges have not yet issued their written decision on the case. 

Kaufman’s defense: During the pre-trial, prosecutors detailed Duterte’s alleged orchestration of extrajudicial killings, citing witness testimonies and the former president’s public statements that encouraged violence. (READ: ICC prosecution confident Duterte case will move to trial)

Kaufman, meanwhile, attacked the prosecution’s evidence on several fronts.

He argued that there is no direct causal link between Duterte’s speeches and the killings, saying it is not enough to show that Duterte “said outrageous things” and that deaths occurred. 

He also attacked the prosecution’s key insider witnesses, branding them “self-confessed ruthless criminals” whose credibility he likened to “a devalued peso.” 

Kaufman then challenged the prosecution’s use of the term “neutralization” and “instilling fear,” calling them semantic overreach and arguing that these did not legally mean to kill. (READ: Highlights: Day 3 of Duterte’s pre-trial)

Duterte at the ICC: Duterte faces crimes against humanity charges for the killings under his administration’s anti-drug campaign. He is accused of turning his drug war into a systematic assault on civilians under a “policy to kill” suspects. 

His latest appeal for release was rejected on March 6, with the Appeals Chamber unanimously citing the earlier ruling that keeps him in custody while facing crimes against humanity charges. He will remain detained as judges spend the next two months weighing whether the case should advance to trial. – Cyril Bocar/Rappler.com

Efren Cyril Bocar is a journalist from Llorente, Eastern Samar who graduated with a degree in English Language Studies at the Visayas State University. Cyril is also a graduate of the Aries Rufo Journalism Fellowship of Rappler for 2024. 

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