THE HAGUE/MANILA – The defense team of former President Rodrigo Duterte are optimistic the former leader may be granted interim release by the International Criminal Court (ICC).

The optimism was aired by lawyer Nicholas Kaufman in an exclusive interview with ABS-CBN News.

This as the relatives of alleged victims in Duterte’s drug war said they will oppose the temporary release of Duterte. The Office of the Prosecutor of the ICC earlier said it was opposing the request of Duterte for his interim release from detention.

 Kaufman told the network they have obtained “essential information” they needed in their bid for the former leader’s interim release from the ICC. 

The ICC’s Office of Public Counsel for Victims (OPCV), acting in defense of victims’ interests, meanwhile, urged the Pre-trial Chamber to dismiss the defense request to postpone the decision on its jurisdiction challenge against the ICC.

It emphasized that delaying the jurisdiction ruling threatens victims’ rights to legal certainty and timely participation under the Rome Statute.

In another development, Duterte’s defense team said it would not call on witnesses at the confirmation hearing scheduled on September 23, 2025.

“This is a principled decision because credibility is given little weight at confirmation,” the defense said in its submission as ABS-CBN reported.

Duterte’s lawyers added that they “do not wish to give advance notice of the many potential Defence witnesses who would counter the evidence provided by the Prosecution’s discrete and carefully selected band of witnesses – to be counted on the fingers of one hand.”   

“We have received some of the information which increases our belief in the correct nature of our argument and the need for this information. There are still further procedures that need to be done and further information that needs to be received in order to complete the process. I know it sounds very cryptic, but trust me, we need this information, we’re doing our utmost,”  Kaufman told ABS-CBN News which reported also its exclusive interview.

Kaufman, however, gave little details on the information, as he explained a past decision to ask the ICC to delay a decision on their interim release bid.

“Now, there’s another issue which I do want to touch on because everybody realizes that we’ve asked presently to suspend interim release. And the reason for that is because we’re entitled to receive all information relevant to argue our case. And we’ve been arguing for more than a month. This has been the subject of litigation and you will have seen it in the public filings. We’ve been arguing for more than a month for access to information, which is crucial, essential for our interim release application. We don’t want to make a half-hearted application for interim release,” he said.

Kaufman said they were in the past denied access to information crucial to their bid.

“If you’ve been following the court you will know that in what are called atrocity crimes which is basically article 5 crimes against humanity or war crimes, people are never released at the International Criminal Court,” he said. “We hope that the judges will accept uh our arguments on interim release.

Kaufman said that the matter of interim release can run parallel to the confirmation of charges hearing in September.

“It can run parallel, it can be decided at any time, and it might become even a stronger argument after the confirmation process if certain charges are not confirmed,” he said.

Kaufman also explained interim release and what factors the court usually considers in deciding it.

“Well, it’s called interim release because it means you’re released until trial or released until the judges should decide otherwise. It’s a right of every suspect to be released because every suspect until proven guilty is in fact innocent.”

“However, on the basis of the reasonable ground standard, there are certain factors which the judges of the court will argue militate against interim release,” Kaufman added.

“And there are three recognized risk factors. Those factors are, first of all, the risk of flight, secondly, the risk of interference with witnesses and evidence, and thirdly, the risk of continuing to commit crimes.”

“Now, obviously, being in prison, no longer being in a position of power, no longer having access to the instruments of power, the former president has absolutely no means to commit crimes. Not that he ever committed crimes, because we believe that he was innocent anyway.”

“But regarding the risk of flight, well, he’s 80 years old. He’s tired. He’s not going anywhere. He’s probably one of the most famous people on the planet. It would be impossible for him to flee, for him to hide anywhere,” Kaufaman added.

“And as for the risk of threatening witnesses, well, we have strong grounds to argue that that would never take place anyway. And let’s face it, there have been Senate hearings where people have come, they’ve made these allegations in the past against the former president, and absolutely nothing has happened to them. So there’s no concrete risk whatsoever of a threat to witnesses,” he said.

Kaufman claimed that these are “neutralized” in Duterte’s case.