MANILA: The International Criminal Court has allowed lawyer Dov Jacobs to withdraw as associate counsel of former President Rodrigo Duterte, as lead defence counsel Nicholas Kaufman also sought permission to leave the former president’s crimes against humanity case.
Trial Chamber III in The Hague granted Jacobs’ request on Friday (May 8), saying it saw that “no prejudice arises or inconvenience is caused” by his withdrawal since Duterte remained represented by lead counsel and the “existing defense team.”
Kaufman’s own request to withdraw, also dated May 8, was made public on Friday. In the public redacted filing, the British-Israeli lawyer said Duterte had informed him of plans to hire another counsel to head a restructured defense team.
Jacobs, a French lawyer, likewise said his decision was prompted by Duterte’s plan to reorganise his lawyers ahead of the trial proper at the ICC.
The name of Kaufman’s replacement was redacted in the filing, although the incoming counsel was referred to as “he.”
“Counsel has spoken to [REDACTED] who has indeed confirmed that he is ready, willing and able to assume immediate representation and that his terms of engagement have been agreed,” part of Kaufman’s three-page request read.
Kaufman vouched for the incoming counsel, saying Duterte’s representation would continue without disruption.
“I am convinced that the continuity and efficacy of Duterte’s representation will remain assured through [REDACTED], who has a wealth of experience at the International Criminal Court, and the existing defence team,” Kaufman said.
He added that he had briefed the incoming counsel, who assured him that he would be ready to attend the status conference set for May 27.
In granting Jacobs’ request, Trial Chamber III reminded him of his continuing obligations under the ICC’s Code of Professional Conduct for counsel, as well as confidentiality obligations under the Rome Statute and the Rules of Procedure and Evidence.
Prosecutors have charged the 81-year-old Duterte with three counts of crimes against humanity, accusing him of involvement in at least 76 killings linked to the crackdown.
The prosecution selected the alleged murders as “emblematic,” with rights groups and ICC prosecutors putting the total number of dead in the thousands.
The first count concerns Duterte’s alleged involvement as a co-perpetrator in 19 murders from 2013 to 2016, when he was Davao City mayor.
The second covers 14 murders of so-called “High Value Targets” in 2016 and 2017, when he was president.
The third involves 43 murders allegedly committed during “clearance” operations against lower-level suspected drug users or pushers across the Philippines from 2016 to 2018.
Following a weeklong hearing in February, pretrial judges concluded there were substantial grounds to believe that Duterte had been behind the killings.
The May 27 status conference marks the formal start of the trial-stage proceedings, during which parties are expected to submit documents and materials, including evidence for the trial proper. - Philippine Daily Inquirer, AFP
