Former Philippine President Rodrigo Duterte’s legal team asserted before the International Criminal Court (ICC) that prosecutors have failed to present substantial evidence linking him directly to alleged crimes committed during his administration’s controversial anti-drug campaign.
On the third day of confirmation of charges hearings before the ICC Pre-Trial Chamber I, defense counsel Nicholas Kaufman argued that the prosecution has not clearly established how Duterte could be held criminally liable. The former president faces three counts of crimes against humanity in connection with deaths recorded during the government’s war on drugs.
Kaufman maintained that there is no reliable evidence showing that Duterte provided practical assistance, encouragement, or moral support that had a substantial effect on the commission of crimes. According to the defense, prosecutors have not demonstrated whether Duterte’s alleged liability stems from direct orders, solicitation, or aiding and abetting.
“There is no reliable evidence that Mr. Duterte provided practical assistance, encouragement, or moral support that substantially affected the commission of a crime with knowledge of the perpetrator’s intent,” Kaufman told the chamber.
He further argued that the prosecution had not sufficiently clarified what it meant by “solicitation.” If the claim refers to Duterte’s public speeches, Kaufman said, these statements often included calls for law enforcement officers to act in self-defense. He suggested that such remarks are difficult to reconcile with accusations that the former president incited unlawful killings.
In addition, the defense questioned the prosecution’s investigative approach. Kaufman alleged that investigators failed to exert adequate effort to determine whether other individuals or groups may have been responsible for deaths linked to anti-drug operations during Duterte’s term.
Addressing the scale of casualties, Kaufman cited data from the Philippine Drug Enforcement Agency indicating that 5,281 drug suspects were killed between July 1, 2016, and February 28, 2019. He said this figure represented approximately 3% of all arrests during the same period.
According to the defense, prosecutors neglected to contextualize these statistics. Kaufman argued that, compared to the total number of operations and arrests conducted nationwide, the number of fatalities was minimal.
As proceedings continue, the ICC judges are expected to determine whether the prosecution has presented sufficient evidence to move the case forward to trial.