On the third day of the confirmation of charges hearing at the International Criminal Court, Rodrigo Duterte's defense argued that the prosecution's witnesses are unreliable 'self-confessed murderers' testifying for immunity. Nicholas Kaufman stated there is no direct order from Duterte for killings in the 49 incidents. The hearing took place on February 26, 2026, in The Hague.
On the third day of the confirmation of charges hearing against former president Rodrigo Duterte at the International Criminal Court (ICC) in The Hague, his lead counsel Nicholas Kaufman presented the defense arguments on February 26, 2026 (Manila time). The defense faces three counts of crimes against humanity involving murder and attempted murder, covering 48 incidents and 78 victims from 2013 to 2018.
Before starting the presentation, Kaufman appealed to local media not to misinterpret the defense's arguments, which focus solely on responding to the charges and do not disrespect the lives lost during Duterte's administration.
The defense argued that Duterte's statements about killing criminals were mere 'hyperbole' to instill fear, and that lethal force should only be used for self-defense, as he stated in speeches in August and November 2016. There is no direct evidence, order, or command from Duterte linking him to the 49 incidents, according to Kaufman. No presidential order or policy directed the killing of suspected criminals or drug pushers.
The defense also contended that the killings did not target a 'clearly definable civilian population' but were random, affecting innocents as well. The term 'neutralization' means arrest, not killing, based on statements from former police chief and now Senator Bato Dela Rosa in 2016, who said it is the 'use of force to stop unlawful aggression.' Command Memorandum Circular 16-2016 for Project Double Barrel also instructs strict observance of arrested persons' rights.
Regarding the Davao Death Squad, Kaufman called it 'fictitious' because no witness heard a direct kill order from Duterte when he was mayor. He described the prosecution's witnesses as 'self-confessed vicious murderers' who are 'inherently unreliable' due to testifying in exchange for immunity, and that two prominent witnesses were 'offered up on a silver platter.' There is no proven 'common plan' or mutual agreement, and many shootings were admitted as self-defense.
To show Duterte was not the cause, the defense cited data from the University of the Philippines' Dahas project recording over 340 drug-related killings in the first year of President Bongbong Marcos's term, nearly half by state agents. However, the prosecution argued a 590% spike in police killings in 2016. Killings occurred before and after Duterte's term.
The hearing ended with a private session, and the final day is on February 27 for closing statements and review of Duterte's detention. On the other hand, prosecution member Robynne Croft presented statistics such as 274 killings in Davao from 2012-2015, and 5,823 drug war killings from 2016, based on ACLED data showing a spike after the May 9, 2016 election and June 30 inauguration. There was a 590% jump in suspects killed and 1,600% in police use of deadly force in Bulacan.
