Nicholas Kaufman, lead counsel for former President Rodrigo Duterte, argued before the International Criminal Court (ICC) that his client’s provocative remarks during the war on drugs were not enough to make him criminally liable for the thousands of deaths linked to the campaign.
Kaufman insisted that the prosecution must prove Duterte specifically intended or foresaw killings as a result of his language, rather than relying on the provocative nature of his remarks.
“I will declare it loudly and clearly, as if the prosecution didn’t know it already. It’s not enough to state that since the former president made those extremely inflammatory statements and deaths occurred, that he must, as a matter of course, be criminally responsible for those fatalities,” Kaufman said during the opening of Duterte’s confirmation of charges hearing at The Hague on Monday evening, Feb. 23, Manila time.
He emphasized that Duterte’s remarks were directed at those “poisoning society with their substances” and were meant to instill fear and respect for the law, not to incite unlawful killings.
“His rhetoric was calculated to arouse fear and obedience, to instill fear in their hearts, and to inculcate a respect for the law in their minds. Nothing more, nothing less. That was his intent, and it was not criminal,” Kaufman added.
The defense also alleged political maneuvering behind the proceedings, claiming President Ferdinand Marcos Jr. sought to diminish Duterte’s legacy.
Kaufman pointed to a purported covertly recorded telephone conversation in which one participant allegedly described himself as Marcos’ “silent partner,” facilitating witnesses for the ICC while ensuring Marcos’ “plausible deniability.”
“This transcript, which we now consider exonerating evidence, substantiates what we have long suspected,” Kaufman said, adding that Duterte was “unconstitutionally and unceremoniously” brought to The Hague.
He contrasted Duterte’s leadership style with that of his successor, remarking: “For President Rody, his word was his word, and the people knew it. For President Bongbong, his word is for the wind, and the people will not forget it.”
Malacañang dismissed these allegations as “preposterous.”
Palace Press Officer and Communications Undersecretary Claire Castro stressed that the ICC cases against Duterte were filed in 2017, when Marcos was still a private citizen.
“Kaufman has the temerity to accuse President Marcos of trying to neutralize Duterte’s legacy. That is preposterous,” Castro said, adding that Duterte’s counsel failed to provide a clear defense against allegations of extrajudicial killings.
“He seems to be the one suffering from severe cognitive impairment, and not his client, because he tremendously forgets the timeline,” she added.
Castro further criticized Kaufman for focusing on rhetoric rather than facts: “Nicholas Kaufman does not offer a clear defense for his client’s alleged extrajudicial killings, which reportedly happened during Duterte’s time as mayor.
In addition, one of the counsels, Silvestre Bello III, admitted that Duterte killed someone by throwing him out of a helicopter. He should learn the facts of his case rather than focus on political rhetoric.” (Betheena Unite)
