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ICC Lawyer Clarifies: Duterte Defense Team Will Appeal, Not Cease Legal Efforts

Reports circulating on social media that former Philippine President Rodrigo Duterte has instructed his legal counsel to abandon his defense against charges before the International Criminal Court (ICC) have been identified as false.

Several TikTok and Facebook users have been sharing a fabricated quote attributed to Nicholas Kaufman, Duterte’s lawyer, claiming the former president had “instructed” him to “cease all legal efforts regarding his case, acknowledging that he’s run out of time.”

The misattribution appears in a graphic designed to mimic the style of Bilyonaryo News Channel’s quote cards, but contains no date stamp—a standard feature in the news outlet’s authentic graphics. A review of BNC’s official Facebook page confirms the organization did not publish the quote.

Kaufman’s actual statement, released on January 26, expressed disappointment with the ICC Pre-Trial Chamber’s decision that found Duterte fit to participate in pre-trial proceedings, and affirmed the defense team’s intention to appeal.

“The Defence is disappointed that, contrary to accepted practice, it was denied the opportunity to present its own medical evidence and to question, in court, the contradictory findings of professionals selected by the judges,” Kaufman stated in media reports. “The Defence will seek leave to appeal this decision and argue that Mr. Duterte was denied due process.”

The fabricated quote began circulating the same day the ICC Pre-Trial Chamber I rejected the defense’s request to indefinitely postpone legal proceedings, including the confirmation of charges hearing. The defense had cited Duterte’s alleged cognitive impairment as grounds for postponement.

After assessing reports from three independent medical experts, the chamber concluded that the 80-year-old former president is “fit to take part in the pre-trial proceedings.” Consequently, Duterte will remain detained at the ICC detention center in Scheveningen, Netherlands, with the confirmation of charges hearing scheduled to begin on February 23.

The disinformation has gained significant traction online. The original TikTok video posted by user “mnc.ph_” (which claims to be Metropolitan News Channel) has amassed over 146,300 views and 2,162 engagements. A republished version on Facebook has garnered 3,608 interactions.

Duterte was arrested in March 2025 on charges of crimes against humanity allegedly committed during his administration’s controversial drug war campaign, which human rights organizations have criticized for extrajudicial killings and other abuses. The former president has consistently denied the allegations and withdrawn the Philippines from the ICC in 2019, though the court maintains jurisdiction over crimes allegedly committed while the country was a member.

The case represents a significant test for international justice mechanisms and their ability to hold former heads of state accountable. It also continues to polarize Philippine society, where Duterte maintained high approval ratings throughout his presidency despite international criticism of his anti-drug campaign.

Media literacy experts emphasize this incident highlights the ongoing challenge of misinformation on social platforms, particularly concerning high-profile legal cases that generate substantial public interest.

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8 Comments

  1. Patricia Jones on

    The fabricated quote in the social media posts is concerning, as it could mislead people about the actual legal proceedings. I’m glad the news outlet clarified that this was not an authentic report from them. Fact-checking is so important, especially for high-profile cases like this.

    • You’re right, the spread of misinformation around this case is troubling. It’s critical that credible sources provide accurate updates as the legal process continues.

  2. The news that Duterte’s legal team plans to appeal the ICC’s ruling is not surprising, given the high stakes involved. I wonder what specific grounds they will use to challenge the decision and whether they believe they have a strong chance of overturning it on appeal.

    • That’s a good question. The defense team’s statement about being denied the opportunity to present evidence suggests they may feel the pre-trial chamber’s process was flawed in some way. The appeal will be crucial in determining if those concerns have merit.

  3. This is an interesting development in the Duterte case. The ICC’s decision seems to indicate they believe there is sufficient evidence for trial, though I’m curious to learn more about the defense’s plans to appeal. It will be important to follow this case closely as it unfolds.

    • Indeed, the appeal process will be crucial. The defense team’s response suggests they believe there are still valid grounds to challenge the ICC’s findings.

  4. Oliver Johnson on

    As someone interested in mining and commodities, I’ll be watching this case closely. The ICC’s decision on Duterte’s fitness for trial could have broader implications for the political and regulatory environment in the Philippines, which is an important producer of various minerals. I’m curious to see how this all plays out.

  5. This case highlights the complex geopolitical dynamics at play when it comes to international criminal tribunals. The Philippines’ relationship with the ICC will be an important factor to monitor as the proceedings continue. It will be interesting to see how this all unfolds.

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