“Unfair.”
That was the word Nicholas Kaufman chose.
On Friday, the legal counsel of former President Rodrigo Duterte openly criticized the International Criminal Court (ICC) over redactions made during the live broadcast of Duterte’s confirmation of charges.
Standing before the court, Kaufman did not hide his frustration.
He called the edits to the public feed “unfair” — and said they were “contrary to the spirit of transparency.”
Then came the deeper concern.
Kaufman explained that parts of his legal arguments had to be delivered in closed session — away from public view.
And that, he argued, revealed something bigger.
“From this, you can really appreciate the true inequality of arms facing the defense,” Kaufman said, emphasizing his point carefully.
“In the public eye… I stress… in the public eye of the ICC.”
According to him, the imbalance is not just legal — it’s public.
He claimed the prosecution controls the narrative when parts of the defense’s arguments are shielded from viewers.
An uneven playing field.
Not just inside the courtroom — but outside it.
But the court had its answer.
The ICC’s Pre-Trial Chamber I had earlier explained that the redactions were necessary. The reason: members of Duterte’s legal team disclosed information that could potentially identify victims and witnesses.
Presiding Judge Iulia Antoanella Motoc addressed Kaufman’s concerns directly.
The Chamber, she reminded, had already denied the defense’s objection to the redactions.
And she pushed back on the claim of inequality.
“Equality of arms is ensured,” Motoc said firmly.
“The defense has access to the redacted information. It just is not available to the public.”
In other words — nothing is being hidden from the defense. Only from public broadcast.
Motoc also shut down another issue raised by the defense — Duterte’s fitness to stand trial.
That matter, she said, has already been settled.
Back in January, the Chamber ruled that Duterte was fit to participate in pre-trial proceedings. His request for an indefinite adjournment was denied.
“The decision is already available in the public domain,” Motoc stated.
“It is not appropriate to raise it again.”
Meanwhile, the stakes remain high.
The ICC Office of the Prosecutor has charged Duterte with three counts of crimes against humanity. The charges relate to alleged murder and attempted murder during his time as mayor and later as president.
The battle is no longer just about the charges.
It is also about transparency.
About fairness.
About who controls the story — in court, and in public view.
And as the hearings continue, that tension is only becoming more visible.
