Day 3 Of ICCConfirmation Of Charges: Kaufman Says No Direct Link Between Duterte And Drugs War Killings; Questions Credibility Of Witnesses

The HAGUE—Former Philippine president Rodrigo Duterte’s defense counsel, Nicholas Kaufman, opened the third day of the confirmation of charges hearing before the Pre-Trial Chamber I of the International Criminal Court (ICC) by saying he did not intend to disrespect victims’ families, but that his presentation would focus on criticizing the prosecution’s Document Containing the Charges (DCC).

The DCC outlines three counts of murder as crimes against humanity: killings in Davao City during Duterte’s tenure as mayor involving 19 victims, and killings of “High-Value Targets” and during barangay clearance operations across the Philippines during his presidency, involving 45 victims (43 murders and two attempted murders).

Before addressing the contextual elements of the charges, Kaufman criticized Philippine media for highlighting what he called “salacious statements” by Duterte while ignoring what he described as more relevant facts. He argued that the prosecution relied heavily on Duterte’s public remarks encouraging the killing of criminals and drug suspects, but that speeches alone do not prove criminal intent. He accused prosecutors of cherry-picking statements and omitting Duterte’s instructions to law enforcement toobservethe rule of law.

Contextual elements of crimes against humanity

Kaufman argued that the prosecution failed to establish that Duterte was directly involved in a widespread and systematic attack against civilians. He said the alleged killings were random and that there was no evidence Duterte ordered them.

He disputed the prosecution’s interpretation of the term “neutralize,” asserting that it did not mean “to kill.” He cited former Philippine National Police chief Senator Bato dela Rosa, whopublicly stated that “neutralization” referred to arrest or other lawful means of subduing suspects. Kaufman also noted that some prosecution witnesses supported this interpretation and that the Philippine Supreme Court has never ruled that the drug war was unconstitutional or that “neutralize” meant to kill.

No direct involvement

Kaufman maintained that prosecutors lacked substantial evidence showing Duterte provided practical assistance, encouragement, or moral support for the killings. He said there was no common plan or collusion between Duterte and alleged co-perpetrators, and that Duterte’s use of dehumanizing language did not prove criminal intent.

Killings under the Marcos Jr. administration

Kaufman questioned whether the ICC prosecution also intended to investigate President Ferdinand Marcos Jr., noting that killings allegedly continued after Duterte left office. He cited a University of the Philippines’ Third World Studies Center study reporting that of 342 killings in 2022, 162 were attributed to state agents during Marcos’ first year in office, with numbers rising further in 2024.

He argued that this undermined the prosecution’stheory that Duterte’s departure would have reduced killings, and asked why prosecutors were “not clamoring for accountability” for deaths under the current administration.

Victimsdehumanised

While Kaufman said he meant no disrespect to the families, those who were present in the gallery felt otherwise. LlorePasco, whose two sons were killed during the anti-drug operation, said “talagang minaliit po ang aming pagkatao. Kumbaga niwalang halaga ang aming mga mahal sa buhay. Sinasabi na numero lang. Parang hindi binigyan ng halaga ang aming paghihirap, ang aming pagdurusa.”

Pasco said Kaufman just made a reverse argument to what the prosecutors had said but there was nothing new, adding: “walang saysay,walang substance at kasinungalingan”. She added that the families already filed long before the Marcos administration. Kaufman urged the prosecutor to also go after the current administration for the spike of killings after Duterte left office. According to Pasco, they are also calling for the current Marcos administration to address anomalies at the moment.

She also balked at Kaufman’s definition of “neutralise” as without intention to kill but to make a lawful arrest or to subdue a suspect. “Pero siyempre sa community, pagsinabing neutralise, siyempre pagpatay. Malawakang pagpatay,” she said.

For Sheerah Escudero whose17-year oldbrother was murdered, despite victims again being reduced to statistics, their goal to come and see the proceedings is still clear. “Narito kami hindi lang para sa mga mahal namin sa buhay, hindi lang para sa kapatid ko kundi para sa mga victims, para sa mga nanay,sa mga orphan,sa mga libo-libo na humihingi ng justice. It won’t change the fact na napakarami pa ring namatay under sa drug war ni former president Duterte,” she said.

She added that what the defense said will not affect them. “Isa lang po ang tungtungan namin. Nothing but truth. Lahat ng nilatag namin,hindi po iyon makakaapekto sa panawagan namin para sa hustisya. Confident din po kami sa kung ano ang meron sa prosecution. At alam namin na matibay ang mga evidence against Duterte at naniniwala kami na sapat ang ebidensiya na mag-push to trial itong confirmation of charges ni Duterte,” she said.

Private session

The Pre-Trial Chamber explained that redactions in the live broadcast were made because the defense disclosed confidential information that could identify victims and witnesses. Presiding Judge Julia Antoanella Motoc said the prosecution requested the redactions, which the defense opposed. She clarified that only identifying details were removed.

The confirmation of charges hearing, which began on February 23, 2026, aims to determine whether sufficient evidence exists to proceed to a full trial. The Chamber 1 will deliver its written decision within 60 calendar days after the last day of hearing whether it confirms, denies or adjourn the hearing to request the prosecutor to provide further evidence, to conduct further investigations or to amend any charge for which the evidence submitted appears to establish a crime other than the one charged was committed.