Jonathan Frederic De Santos

Workers label the body bag that will contain the exhumed remains of alleged drug war victims at the Manila North Cemetery on September 17, 2021. Several remains were exhumed today after the leases on their graves expired. George Calvelo, ABS-CBN News

Article (news)

Carmelle Lacuata

ABS-CBN News

<p>MANILA — The defense team of former President Rodrigo Duterte questioned the credibility of the witnesses tapped by International Criminal Court Office of the Prosecutor, saying they were chosen to target Duterte.</p><p>On the third day of the confirmation of charges hearing at The Hague, Nicholas Kaufman argued that Duterte was targeted beforehand, and that the witnesses were not examined, nor were their statements corroborated by the Prosecution.</p><p>“Genuine criminal investigation is meant to be directed at establishing the truth. It is meant to elicit facts in an impartial manner and not to present witnesses with a preconceived idea and to seek confirmation thereof by way of leading questions or anything else. By this, I mean that the golden thread linking practically everyone of the interviews of the Prosecution’s so-called insider witnesses, who are, for the most part, ruthless criminals, is the a priori targeting of Rodrigo Duterte,” he said.</p><div><a href="https://www.abs-cbn.com/news/nation/2026/2/26/icc-prosecution-rejects-claims-of-improper-influence-stresses-independence-1602">ICC prosecution rejects claims of improper influence, stresses independence of Duterte probe<br/></a></div><p>“In my submission, no real attempt was made to perform this duty of examining exonerating circumstances, or even to establish the existence of other actors who might be responsible for the high incidents of deaths in the context of the war on drugs,” Kaufman added.</p><p>According to Kaufman, the Prosecution choose its target in advance before finding the evidence to support their allegations.</p><p>Although he is aware that the issue of a witness’ credibility is often litigated during the trial, Kaufman said Duterte’s case is unique in that the witnesses, who are “self-confessed murderers”, were given the assurance of that their statements will not be used against them in court.</p><p>“Although Mr. (Julian) Nicholls will tell you that these agreements of limited use are not to be understood as the grant of immunity from prosecution, for all intents and purposes, they are,” Kaufman also said, adding that he is sure not one of the witnesses will be prosecuted in any court in the world after they are given protection by the ICC.</p><p>For Kaufman, protecting a “self-avowed murderer” to pin down an alleged murderer is something “morally repugnant or even questionable from a public policy standpoint.&quot;</p><p>The defense, in their submission of merits, addressed points raised by the Prosecution, including the existence of a so-called common plan to eliminate and “neutralize” personalities involved in the illegal drugs trade.</p><p>In an earlier session, Kaufman argued that “neutralization” in the Duterte administration’s “war on drugs” only meant subduing suspects, contrary to the Prosecution’s “insider witness” claim that it meant to “kill”.</p><div><a class="fr-strong" href="https://www.abs-cbn.com/news/nation/2026/2/24/icc-prosecution-victims-counsels-submit-merits-on-day-2-of-duterte-pre-trial-1657">ICC prosecutor cites &#x27;insider witness,&#x27; says &#x27;neutralize&#x27; on Dela Rosa&#x27;s 2016 PNP memo meant to &#x27;kill&#x27;</a></div><div><a class="fr-strong" href="https://www.abs-cbn.com/news/nation/2026/2/26/kaufman-neutralize-in-duterte-drug-war-only-meant-arrest-and-subdue-2006">Kaufman: &#x27;Neutralize&#x27; in Duterte &#x27;drug war&#x27; only meant arrest and subdue</a></div><p>The defense likewise argued that Duterte did not give any direct order to kill the victims of his drug war, reiterating that the speeches and public statements cited by the prosecution are considered “hyperbole” and “bluster”.</p><div><a class="fr-strong" href="https://www.abs-cbn.com/news/nation/2026/2/26/defense-argues-no-direct-order-from-duterte-to-kill-victims-no-direct-line-to-co-perpetrators-1944">Defense argues no direct order from Duterte to kill victims, no direct line to &#x27;co-perpetrators&#x27;</a></div><div><a class="fr-strong" href="https://www.abs-cbn.com/news/nation/2026/2/24/duterte-drew-up-death-lists-boasted-about-murders-icc-prosecutor-1942">Duterte drew up &#x27;death lists&#x27;, boasted about murders: ICC prosecutor</a></div><p>It also argued that the Prosecution also failed to prove that the “war on drugs” targeted the entire Filipino population, thus making it a crime against humanity.</p><div><a class="fr-strong" href="https://www.abs-cbn.com/news/nation/2026/2/26/kaufman-icc-prosecution-failed-to-show-alleged-ejks-targeted-entire-filipino-population-1950">Kaufman: ICC prosecution failed to show alleged EJKs targeted entire Filipino population</a></div><p>The ICC Pre-Trial Chamber I earlier found reasonable grounds to believe that Duterte is individually responsible as an &quot;indirect co-perpetrator&quot; for the crime against humanity of murder, allegedly committed in the Philippines during his drug war November 2011 and March 2019.</p>

<p>The defense team of former President Rodrigo Duterte questioned the credibility of the witnesses tapped by International Criminal Court Office of the Prosecutor, saying they were chosen to target Duterte.</p>

The defense team of former President Rodrigo Duterte questioned the credibility of the witnesses tapped by International Criminal Court Office of the Prosecutor, saying they were chosen to target Duterte.

Duterte lawyer questions credibility of prosecution's ‘self-confessed’ witnesses

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Duterte lawyer questions credibility of prosecution's ‘self-confessed’ witnesses

Rose Carmelle Lacuata,

ABS-CBN News

Published February 26, 2026 11:22 PM PHT

Read More:

Rodrigo Duterte

ICC

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