Lawyers Flag Duterte Defense as Weak as ICC Hearing Enters Final Stretch

Legal observers say former president Rodrigo Duterte’s defense team is heading into the final days of the International Criminal Court confirmation of charges hearing with little legal ground after what they described as a detailed and methodical presentation by prosecutors.

Over the first two days of proceedings, ICC prosecutors laid out evidence they claim shows the existence of a nationwide system of killings, including a Philippine National Police circular ordering drug suspects to be “neutralized,” Duterte’s own public speeches, and what they described as a national “kill list.”

In contrast, lead defense counsel Nicholas Kaufman used his opening statement to argue that the case against Duterte was politically motivated, raising questions about the role of President Ferdinand Marcos Jr. and the credibility of the prosecution and victims’ representatives.

Some legal analysts monitoring the hearings said the defense’s approach failed to directly address the substance of the allegations.

"The bankruptcy of the defense is obvious to me, and that's why perhaps the tactic was to just delay, delay, delay," said lawyer Jojo Lacanilao of the Duterte Panagutin Campaign Network.

Lacanilao added that the defense strategy appeared to shift blame to other parties without offering a legal argument that could absolve Duterte of responsibility.

"That's not a defense. That's just an excuse," Lacanilao said. "Nothing that will give the court any kind of basis to say ... 'This guy is really not guilty of all of these crimes.'"

Prosecutors opened their merits presentation by linking the alleged killings to the Davao Death Squad, which they claim was formed in 1988 while Duterte was mayor of Davao City. They argued that this established a chain of command that later expanded nationwide when Duterte assumed the presidency in 2016.

Among the pieces of evidence cited was a 2016 memorandum circular issued by then-PNP chief and now Sen. Ronald “Bato” dela Rosa outlining plans to "neutralize" drug personalities.

Lawyer Neri Colmenares, who is representing victims of the drug war, said the prosecution had established the key elements required to support charges of crimes against humanity.

"The evidence is very strong. We are confident the charges will be confirmed," Colmenares said.

Duterte’s legal team has been given the entire Thursday session to present its case before the hearing concludes on Friday with closing statements from all parties.

Duterte faces three counts of crimes against humanity for murder and attempted murder involving at least 49 incidents and 78 victims between 2011 and 2019. He has refused to attend the hearings, maintaining that he does not recognize the ICC’s jurisdiction.

Following the conclusion of the proceedings, the ICC’s Pre-Trial Chamber will have 60 days to determine whether the charges will be confirmed and the case sent to trial.