ICC Judge Warns Duterte Defence Over Redactions During Confirmation Hearing

THE HAGUE—The International Criminal Court (ICC) Pre-Trial Chamber I has concluded its four-day confirmation of charges hearing against former President Rodrigo Duterte, marked by a final, sharp exchange between the bench and the lead defence counsel, Nicholas Kaufman, over the use of redacted information in public broadcasts.

Redaction Breaches and Live-Stream Cuts

During the third and fourth days of the proceedings, Presiding Judge Iulia Antoanella Motoc was forced to repeatedly interrupt Kaufman after several portions of the court’s official live-stream were cut or delayed. The interruptions occurred when Kaufman mentioned specific details—including nicknames and former professional positions—that could potentially identify protected witnesses and victims.

Judge Motoc issued a stern warning to the defence team on 27 February 2026, the final day of the hearing:

"Mr. Kaufman, please proceed and you must respect the chamber's decision regarding redactions. Otherwise, I will be obliged to interrupt you each time so as to protect victims and witnesses."

The Chamber clarified that while the public broadcast is redacted to ensure safety, the defence team has full access to the unredacted materials to prepare their case.

Kaufman Alleges 'Inequality of Arms'

Kaufman, a British-Israeli lawyer, pushed back against the restrictions, describing the "sweeping" redactions as "unfair and contrary to the spirit of transparency." He argued that the level of secrecy made it nearly impossible for the public to understand the merits of the 49 incidents cited by the prosecution.

"These redactions have been so sweeping that virtually nothing intelligible remains for the public to read and to understand," Kaufman stated. He further accused the prosecution of controlling the narrative by "arbitrarily lifting redactions" to suit their timeline while the defence was relegated to private sessions to argue substantive points.

Closing Arguments and Next Steps

The defence focused its merits-based arguments on debunking the prosecution’s "common plan" theory. Kaufman maintained that:

• "Neutralisation" was a law enforcement term for subduing or arresting suspects, not a "code to kill."

• High-Value Target (HVT) lists were operational prioritisation tools rather than "hit lists."

• Evidence of minors being killed, aside from the well-documented case of Kian delos Santos, remained insufficient or uncorroborated by birth certificates.

The prosecution, led by Senior Trial Lawyer Julian Nicholls, countered that the evidence—including Duterte's own public admissions and "death squad" rhetoric—provided substantial grounds for the case to proceed to a full trial.

With the confirmation of charges hearing concluded, the Pre-Trial Chamber judges now have 60 days to determine whether there is enough evidence to commit the former president to trial.