Duterte ICC Case: Defense Claims No Direct Order for Killings

The International Criminal Court (ICC) is currently holding confirmation of charges hearings to determine whether former Philippine President Rodrigo Duterte will be tried for alleged crimes against humanity committed during his “war on drugs.” Duterte’s defense team argues that prosecutors have failed to demonstrate a direct link between his statements and the killings that occurred.

Defense Arguments at the ICC

Rodrigo Duterte, 80, is accused of alleged crimes against humanity. His lead defense counsel, Atty. Nicholas Kaufman, asserted before the three ICC judges that there is no “irrefutable proof” linking Duterte to direct orders for killings. Kaufman stated that no witness has come forward claiming to have received such orders directly from the former president. [Source: Inquirer.net]

Prosecutors have presented videos of Duterte threatening suspected drug users and referencing skills in extrajudicial killings. Kaufman countered that the prosecution selectively presented speeches, ignoring instances where Duterte emphasized adherence to the law, citing an example where Duterte ordered: “Don’t kill if you don’t risk losing your life.” [Source: Inquirer.net]

Witness Credibility Questioned

Kaufman also raised concerns about the credibility of prosecution witnesses, noting that some were “confessed murderers” testifying in exchange for immunity from the ICC. He characterized the protection of these witnesses as “morally repugnant” and questioned the probative weight of their testimonies, describing them as “assumptions based on hearsay.” [Source: Inquirer.net]

Legal Representation

Rodrigo Duterte is represented by Atty. Nicholas Kaufman as lead defense counsel, and Mr. Dov Jacobs as associate counsel. [Source: ICC] Kaufman has also publicly criticized the administration of President Ferdinand Marcos Jr., alleging an attempt to “neutralize” Duterte. [Source: Sunstar]

ICC Proceedings and Next Steps

The hearings are taking place in The Hague, with Duterte having waived his right to appear. Following four days of hearings, the ICC judges have 60 days to decide whether to proceed with a trial. [Source: Inquirer.net] A lawyer representing the victims emphasized that the Court represents a “last refuge” for families seeking justice. [Source: Inquirer.net]