Tuesday, 02 January 2024 12:17 GMT

Philippines Ex-President Duterte's New Lawyer: Can He Help Secure Acquittal From ICC?


(MENAFN- Khaleej Times) Another British lawyer had been appointed as chief defense counsel for former Philippine president Rodrigo Duterte, who is facing crimes against humanity charges before the International Criminal Court (ICC) in The Hague, The Netherlands.

British barrister Peter Haynes is Duterte's new legal tactician, replacing Nicholas Kaufman whose services expired on March 31.

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ICC's Trial Chamber III approved Kaufman's withdrawal on May 11, saying no prejudice or inconvenience would be caused by his exit from the proceedings.

Duterte is the first Asian former head of state facing a trial before the ICC. He is accused of masterminding the murder for thousands from 2011 to 2018 as Davao City mayor and later as Philippine president.

Who is Haynes?

Haynes is a veteran in international criminal and humanitarian law, with more than 25 years of experience before tribunals in The Hague, including the ICC, the International Criminal Tribunal for the former Yugoslavia, and the Special Tribunal for Lebanon.

In his LinkedIn profile, Haynes describes himself as a“Defense trial advocate with substantial experience before both the ad hoc international criminal tribunals, and the (ICC).” He is one of the few international lawyers with actual trial experience at the ICC.

Haynes was successful in securing former Congolese vice president Jean-Pierre Bemba's acquittal on appeal on charges of murder, rape, and pillaging in 2018.

Before the International Criminal Tribunal for the former Yugoslavia, Haynes represented Bosnian Serb General Vinko Pandurević in proceedings related to the July 1995 Srebrenica massacre that killed 8,000 victims.

In 2024, the ICC appointed Haynes as counsel to Ugandan warlord Joseph Kony who is facing charges of 39 counts of war crimes and crimes against humanity, including murder, sexual enslavement, rape, torture, and the abduction and forced enlistment of children in absentia.

Haynes was not all about representing respondents accused of genocide, crimes against humanity, war crimes, and international terrorism, however. He also represented victims of the Beirut bombing that killed former Lebanese Prime Minister Rafik Hariri before the Special Tribunal for Lebanon from 2020 to 2021.

From 2019 to 2021, he served as inaugural president of the International Criminal Court Bar Association, the organization of lawyers involved in ICC trials.

Is he a better lawyer for Duterte?

Haynes' entry as new chief defense counsel comes after a year of legal maneuvers mainly handled by Kaufman, himself a veteran of international tribunals.

Kaufman's strategy focused on challenging ICC's jurisdiction over his client as well as attempts to secure temporary release for Duterte. His attempts failed.

After the ICC Pre-Trial Chamber confirmed three charges of multiple murder against Duterte last month, Kaufman submitted his withdrawal from the case. Later, he revealed that major decisions on the status of the former Philippine strongman's defense team is left to his common law partner Honeylet Avancena and child Veronica.

It led to the announcement of Haynes' engagement as new chief defense counsel this week.

Kaufman described his replacement as a lawyer who has "a wealth of experience at the ICC" and is "accustomed to handling prominent international cases." He added that Haynes is an experienced, capable, and familiar colleague who would ensure a "smooth continuity."

Duterte is reported to have already met with Haynes.

Haynes has yet to issue any public statement on his new role.

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Khaleej Times

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