Duterte Maintains Innocence as ICC Hearing Concludes, Lawyer Cites Lack of Direct Evidence

The confirmation of charges hearing at the International Criminal Court (ICC) concerning former Philippine President Rodrigo Duterte and his “war on drugs” concluded this week, with Duterte’s legal counsel, Nicholas Kaufman, arguing that the prosecution failed to demonstrate a direct order from the former president to commit any killings. Duterte, who did not attend the proceedings, citing health concerns, maintains his innocence.

Prosecution’s Case and Defense Arguments

Prosecutors presented evidence alleging that Duterte played a “pivotal” role in a campaign of extrajudicial killings resulting in thousands of deaths. They showcased videos of Duterte issuing threats against alleged drug users and boasting about his involvement in extrajudicial killings. However, Kaufman countered that the prosecution selectively presented evidence, ignoring instances where Duterte emphasized adherence to the law. He cited a speech where Duterte reportedly stated, “Do not kill if you are not in danger of losing your life.”

Witness Credibility Questioned

Kaufman as well challenged the credibility of the prosecution’s witnesses, many of whom were self-confessed murderers seeking immunity from prosecution at the ICC. He argued that relying on such witnesses was “morally repugnant” and urged the court to give their testimonies “negligible evidentiary weight,” characterizing their statements as “assumption layered upon hearsay.”

Duterte’s Absence and Health Concerns

Duterte waived his right to appear at the hearings, with Kaufman stating that the 80-year-old former president is not mentally fit to follow the proceedings. Earlier this week, Vice President Sara Duterte revealed her father requested cremation should he die while in detention [1].

ICC Deliberation Period

The three-judge panel at the ICC now has 60 days to determine whether to proceed with a full trial. A lawyer representing the victims emphasized that the court represents the “last refuge” for families seeking justice. Kaufman stressed that the defense does not disrespect the deceased or minimize the loss of life.

Duterte’s Outlook on the Proceedings

According to Kaufman, Duterte is “not holding up any hope” regarding the ICC proceedings [1]. He also reportedly expressed concerns about potentially dying in detention in The Hague [1].

Prosecution’s Scope of Attack

Nicholas Kaufman claimed the ICC prosecution failed to demonstrate that alleged extrajudicial killings (EJKs) targeted the entire Filipino population, referencing paragraph 149 of the ICC’s decision in the Al Hassan case [2].