Former President Rodrigo Duterte’s defense counsel appealed to the International Criminal Court (ICC) Pre-Trial Chamber I to dismiss the crimes against humanity charges against him, calling them politically motivated and unsupported by evidence.
During the confirmation of charges hearing at The Hague, defense lawyer Nicholas Kaufman asked the tribunal to throw out what he described as “grievously misplaced” accusations and allow Duterte to return to the Philippines.
“We hope that when you conclude your deliberations, that you dismiss these grievously misplaced and politically motivated charges,” Kaufman said.
“We will ask you to send Rodrigo Duterte back to his family and we will ask you to give back to the Filipino people their Tatay Digong,” he added.
The ICC Office of the Prosecutor has charged Duterte with three counts of crimes against humanity, murder and attempted murder, in connection with his administration’s anti-narcotics campaign.
Kaufman argued that drug-related deaths would have persisted regardless of Duterte’s policies, claiming the Philippines’ geographic location made it vulnerable as a transit hub for narcotics trafficking from Chinese cartels. He added that data and reports would show that deaths linked to narcotics-related crimes allegedly increased after Duterte left office.
The defense lawyer also criticized media coverage of Duterte, claiming that his path to prosecution began with narratives shaped by powerful interests. He described Duterte’s speeches as frequent targets of privately funded non-government organizations and human rights groups.
According to Kaufman, the prosecution selectively cited statements to support allegations that Duterte incited violence.
“The notorious speeches on which the prosecution relies have been cherry-picked to suit its narrative,” he said, arguing that other speeches showed Duterte invoking lawful self-defense and respect for the law.
Kaufman said the prosecution must establish that Duterte intended and foresaw killings as a result of his rhetoric. He maintained that Duterte’s language was meant to instill fear among those involved in illegal drugs and reinforce obedience to the law, not to encourage unlawful killings.
He further asserted that the evidence presented by prosecutors was “wholly insufficient,” claiming that none of the cooperating witnesses could testify that Duterte explicitly ordered anyone to kill.
“He stands behind his legacy resolutely. And he maintains his innocence absolutely,” Kaufman said.
Additional hearings before the ICC are set on February 24, 26, and 27.
Government records show that around 6,200 drug suspects were killed in police anti-drug operations during Duterte’s administration. Human rights organizations estimate the death toll could reach as high as 30,000, citing alleged unreported and vigilante-related killings.
