MANILA — A top international lawyer has dismissed claims by former President Rodrigo Duterte’s legal team that he was “kidnapped” and unlawfully brought before the International Criminal Court (ICC).

Atty. Joel Butuyan, an ICC-accredited lawyer, refuted the argument made by Duterte’s attorney, Nicholas Kaufman, calling it “rehashed” and “of little weight.”

Duterte, 80, faces charges of crimes against humanity for his bloody war on drugs, which left thousands dead. His pretrial hearing took place on March 14, with a confirmation of charges scheduled for September 23. If the charges are not confirmed, the case will not proceed to trial.

‘Nothing More Than Kidnapping’?

Kaufman, a British-Israeli lawyer, argued that the ICC lacks jurisdiction over Duterte and has gone so far as to claim the former strongman was “kidnapped.”

“I view it as a kidnapping, nothing more or less. It’s an extrajudicial rendition. He was given no due process, just slung over to The Hague,” Kaufman said.

Butuyan strongly disagreed. “With all due respect, Mr. Kaufman is not raising ‘compelling’ arguments but rehashed ones that have been found to have little weight,” he said.

He emphasized that Duterte’s arrest was lawful, noting that authorities followed due process.

“There was a validly issued warrant of arrest after more than seven years of preliminary examination and investigation,” Butuyan explained. “Mr. Duterte was read his Miranda rights in compliance with our constitution, and he even had the benefit of multiple lawyers while being arrested.”

Butuyan also expressed skepticism that the ICC would grant Duterte interim release, citing concerns that he might be a “flight risk.”

Given Duterte’s history of defying international institutions and his withdrawal of the Philippines from the Rome Statute in 2019, Butuyan suggested that the ICC is unlikely to approve his temporary release before trial.

ICC’s Authority to Prosecute Duterte

Kaufman has also argued that the ICC has no authority over Duterte, but Butuyan dismissed this claim as well.

“The ICC’s alleged lack of jurisdiction has been brushed aside by both the ICC and our own Supreme Court,” Butuyan said.

Duterte withdrew the Philippines from the ICC’s Rome Statute in 2018, with the withdrawal taking effect in 2019. However, the ICC maintains jurisdiction over crimes committed while the country was still a member.

Duterte’s war on drugs officially claimed 6,000 lives, according to government figures, but human rights groups and ICC prosecutors argue that the actual number is much higher—between 12,000 and 30,000—many of whom were victims of extrajudicial killings.

Vice President Sara Duterte, his daughter, has downplayed the case, arguing that prosecutors cannot prove that 30,000 people were killed.

However, former congressman and human rights lawyer Neri Colmenares insists that the number is not the key issue.

“It’s not just about numbers—it’s about a president openly ordering killings and a police force that acted with impunity,” Colmenares said.

He highlighted that Duterte himself admitted under oath to giving police a “shoot to kill” order against drug suspects—evidence that could be crucial in court.

Colmenares also pointed to past ICC rulings against other leaders, such as Congolese warlord Bosco Ntaganda and Lord’s Resistance Army commander Dominic Ongwen, who were convicted of crimes against humanity despite not being linked to tens of thousands of deaths.

“The ICC isn’t going to let Duterte off the hook just because some people think 30,000 killings is an exaggeration,” Colmenares stated.

📷 Nicholas Kaufman LinkedIn