Kaufman to drug war victims: ‘Duterte not responsible for killings’
During the ICC hearing, former President Duterte's lead counsel, Nicholas Kaufman, expressed sympathy for drug war victims but maintained that his client is not responsible for the killings, a statement made amidst emotional testimonies.
The ICC confirmation of charges hearing for former Philippine President Rodrigo Duterte took place from February 24-27, 2026, at the International Criminal Court in The Hague. Duterte's lead defense counsel, Nicholas Kaufman, made headlines when he expressed sympathy for drug war victims while maintaining his client's innocence. During his closing statements, Kaufman told the court he felt 'sorry for the victims' of the anti-drug campaign but insisted the killings were 'minimal' and occurred at 'random,' not as part of any orchestrated plan under Duterte's direction. He argued that the prosecution failed to prove Duterte provided 'practical assistance, encouragement, or moral support' for the crimes, and that government documents showed the term 'neutralize' in the drug war context meant only to 'arrest and subdue,' not to kill.
Kaufman challenged the prosecution's evidence on multiple fronts, stating that Duterte could not be held legally liable as a co-perpetrator due to lack of a common plan. He criticized prosecution witnesses as 'inherently unreliable' self-admitted brutal murderers who received immunity-like deals, calling this approach 'morally objectionable.' Kaufman also attacked victims' counsel Gilbert Andres for making unsubstantiated claims and accused media of prejudging Duterte guilty, violating the presumption of innocence. Notably, Kaufman revealed that Duterte told him he 'no longer remembers much' about the allegations and described his client as having 'eyes glazed over' during discussions.
The prosecution, led by senior lawyer Peter Nicholls, strongly rebutted Kaufman's arguments, presenting evidence including Duterte's own admissions of running a death squad and a witness who overheard him order killings under the codename 'Superman.' Nicholls accused the defense of misleading judges about police reports and questioned whether Kaufman was calling his client a 'liar' or 'perjurer.' The prosecution emphasized a common plan by Duterte and co-perpetrators to neutralize alleged criminals through murder.
The hearing addressed three counts of crimes against humanity tied to Duterte's drug war, with death tolls ranging from 6,000 (official government figures) to over 30,000 (human rights groups' estimates), including children. Duterte was arrested on March 12, 2025, following a sealed warrant issued March 7, and remains detained in Scheveningen. Legal representatives for 539 victims also presented arguments during the proceedings.
Pre-Trial Chamber I will now decide within 60 days whether substantial grounds exist to proceed to trial. Human rights observers noted that Kaufman's arguments did not undermine prosecution evidence regarding a common plan. The case represents a significant international legal challenge to Duterte's controversial drug war that dominated his presidency from 2016 to 2022.
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