Duterte's Lawyer Drops His Best Defense at the ICC: 'No Smoking Gun, No Direct Order to Kill Anyone'

Former President Rodrigo Duterte's defense lawyer Nicholas Kaufman took center stage at the International Criminal Court on Thursday, Day 3 of the confirmation of charges hearing, and delivered what might be the most critical argument of the entire proceedings: walang smoking gun.

Kaufman told the ICC Pre-Trial Chamber I judges that not a single witness among the 49 incidents Duterte is charged with will testify that they received a direct order from the former president to go out and kill someone. He slammed the prosecution's theory that Duterte launched an 'attack on the entire population of the Philippines,' calling the suggestion 'not just incomprehensible' but 'quite bizarre.'

The defense lawyer also tried to reframe the drug war numbers. Using Philippine Drug Enforcement Agency data, Kaufman presented a chart showing that 97% of drug personalities encountered in operations from July 2016 to February 2019 were arrested — not killed. Only 3% resulted in deaths, he argued, painting the anti-drug campaign as mostly an arrest operation rather than a killing spree.

Government records show around 6,200 drug suspects were killed during the Duterte administration, pero human rights organizations estimate the real number could be as high as 30,000 when unreported killings are included. The prosecution has been building its case around the idea that the deaths were systematic and policy-driven.

Kaufman's defense essentially boils down to: the killings happened, but Duterte didn't personally order them, and the numbers aren't as bad as the prosecution makes them sound. Whether the ICC judges buy that argument could determine if the case moves to a full trial. Day 4 of the hearing is scheduled for Friday.

Source: GMA News