Lead counsel of former president Rodrigo Duterte challenged prosecutors at the International Criminal Court (ICC) on whether they also intend to investigate alleged killings under the administration of Ferdinand Marcos Jr., arguing that deaths linked to anti-drug operations persisted beyond Duterte’s term.
Nicholas Kaufman raised the issue on the third day of the confirmation of charges hearing against Duterte, who faces three counts of crimes against humanity in connection with his administration’s war on drugs.
Although the ICC proceedings cover only crimes allegedly committed between November 1, 2011, and March 16, 2019, the period when the Philippines was still a state party to the Rome Statute, Kaufman cited a study by the University of the Philippines showing that out of 342 killings recorded in 2022, 162 were allegedly carried out by state agents during Marcos’ first year in office.
He said the number of alleged killings further increased by 2024.
“The conclusion is that there is no reason to believe that Duterte’s disappearance from the political scene would have frustrated the ongoing incidents of murder at the hands of state agents or vigilantes,” Kaufman told the court.
He directly addressed prosecutors, questioning why they were “not clamoring for accountability” for deaths that allegedly occurred during the Marcos administration.
“Clearly I’m forced to ask myself whether anyone on the other side of this room has thought of investigating the Marcos regime and the related phenomenon and holding someone accountable,” Kaufman said. “Or is it of no consequence now that Mr. Duterte is sitting in the ICC detention center?”
The confirmation of charges hearing, which began on Feb. 23, seeks to determine whether there is sufficient evidence to elevate the case against Duterte to a full trial.
While the Philippines withdrew from the Rome Statute during Duterte’s term, the ICC maintains jurisdiction over alleged crimes committed while the country was still a member, from November 1, 2011, until its withdrawal took effect on March 16, 2019.
