Former president Rodrigo Duterte faced the International Criminal Court on Monday for the start of his confirmation of charges hearing.
Duterte’s lead counsel, Nicholas Kaufman, told victims’ lawyer Joel Butuyan that the court must rely on evidence rather than political rhetoric.
Kaufman spent much of his address defending Duterte’s record, praising his accomplishments, and criticizing President Ferdinand Marcos Jr., urging the court to restore the public’s trust in Duterte.
The first day of proceedings was largely dominated by the prosecution, which recapped details already outlined in the ICC’s pre-confirmation brief.
The week-long hearing will determine whether there is sufficient evidence to send Duterte to trial for three counts of crimes against humanity covering 78 murders and attempted murders from 2011 to 2019. Judges have 60 days to issue a decision.
Kaufman directly challenged Butuyan, who represented nearly 500 victims and warned that Duterte could return to the Philippines without accountability if charges were not confirmed.
The defense argued that sufficient local records exist to prosecute the drug war killings and dismissed claims that domestic cases are impossible. Kaufman also accused Marcos of failing to cooperate with the ICC as previously promised.
The prosecution countered that Duterte’s speeches, including references to self-defense, were deliberate attempts to provide his lawyers with a defense while not undermining the broader evidence of killings.
Senior trial lawyer Julian Nicholls said there was a clear chain of command from Duterte to those who carried out the killings. He noted that the Davao Death Squad served as a model for national operations once Duterte became president.
Deputy Prosecutor Mame Mandiaye Niang presented evidence from Duterte’s statements and insider witnesses, showing that killings were carried out for loyalty, fear, or financial incentives. Niang said the murder quotas created a competitive system among perpetrators.
The hearing continues on Tuesday with more prosecution evidence, followed by submissions from the victims’ legal team. The defense will present its case on Thursday, with a detention review scheduled for February 27.