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‘Neutralize’ does not mean murder: Duterte defense slams ICC prosecution’s lack of direct evidence

by Rhoda Grace Saron
written by Rhoda Grace Saron

DEFENSE lawyers for former President Rodrigo Duterte launched a vigorous challenge against International Criminal Court (ICC) prosecutors on Thursday, arguing that the case lacks a “smoking gun” linking the former leader to a specific policy of extrajudicial killings.

During a pre-confirmation hearing, lead defense counsel Nicholas Kaufman asserted that the prosecution had failed to provide evidence of a direct order from Duterte to kill any of the 78 alleged victims cited in the case.

Kaufman argued that if the prosecution’s “insider witnesses” truly possessed proof of a state-sanctioned murder plot, those details would have been explicitly reflected in the formal charges.

“If there were a specific order to murder, it would have been clearly stated,” Kaufman told the chamber. 

He further contended that the prosecution is attempting to build a narrative based on a “pattern of murder” using outdated public statements that fall outside the legal timeframe of the ICC’s investigation.

Defining ‘Neutralization’

A central point of the defense’s argument focused on the linguistic interpretation of operational terms used by the Philippine National Police (PNP) during the “War on Drugs.”

Kaufman pushed back against the prosecution’s assertion that the term “neutralize” was a coded instruction for execution. 

He stressed that the word is a standard tactical term that can mean arrest, surrender, or the legitimate use of force in self-defense, depending on the operational context.

“The term ‘neutralize’ should not automatically be equated to ‘murder,'” Kaufman stated, urging the court to consider the professional and legal definitions of the word rather than a purely “criminal” interpretation.

Procedural Status

The defense’s arguments are part of the pre-confirmation phase, where judges must decide if there is “sufficient evidence to establish substantial grounds to believe” that Duterte committed the crimes against humanity alleged by the prosecution.

The ICC proceedings remain ongoing. If the court finds the prosecution’s evidence insufficient or the defense’s arguments on the lack of a “direct order” compelling, the case may fail to proceed to a full trial.

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VP Duterte: Family no longer hopeful of ‘chances’ for father’s return amid ICC Case

by Rhoda Grace Saron
written by Rhoda Grace Saron

VICE PRESIDENT Sara Duterte said the family has resigned to the possibility that former President Rodrigo Duterte might not return home following the confirmation of charges by the International Criminal Court (ICC) in The Hague, Netherlands.

Addressing the recent developments in the ICC case, the vice president said she had “no feelings or reaction” to the news. 

She expressed gratitude towards Atty. Nicholas Kaufman and the legal defense team for their preparation, noting her confidence that there is no evidence to prove the crimes alleged against the former president.

When asked about the chances of her father returning to the Philippines or his current state of mind, the Vice President clarified that the family does not discuss those possibilities.

“We are no longer looking at the chances of him coming home. We don’t talk about that,” she said.

She further referenced the former president’s own statements submitted to the court, in which he acknowledged the possibility of “dying in an ICC prison” and maintained his decision not to attend the confirmation of charges hearings.

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Duterte lawyers cite ‘severe cognitive impairment’ in challenging ICC detention

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE LEGAL team for former President Rodrigo Duterte has formally filed an appeal brief with the International Criminal Court (ICC) Appeals Chamber, demanding his immediate conditional release due to what they describe as deteriorating physical and neurological health.

The appeal, led by defense counsel Atty. Nicholas Kaufman, argues that the ICC Pre-Trial Chamber committed “serious legal and factual errors” by refusing to consider new medical evidence that could undermine the original justification for his pre-trial detention.

The “changed circumstances” argument

Under Article 60(3) of the Rome Statute, the Court is required to periodically review detention and reassess its necessity if circumstances change. 

The Defense maintains that a new, comprehensive medical report prepared by a neurologist and a neuropsychologist constitutes such a change.

The report concludes that Duterte suffers from significant cognitive and neurological impairments, particularly in executive functioning and decision-making.

According to the filing, these impairments, combined with his physical condition, render him “incapable of fleeing, interfering with witnesses or proceedings, or committing further crimes”.

Defense alleges procedural unfairness

The brief takes aim at the Pre-Trial Chamber’s decision to reject the defense-submitted medical report while accepting reports from a court-appointed panel. 

The Defense argues this creates a lack of “equality of arms” and violates ICC jurisprudence, which states evidence should be judged on its probative value rather than its source.

“By ignoring this evidence, the Pre-Trial Chamber rendered the detention review meaningless,” the Defense stated, arguing that health is the only dynamic factor in the case since the gravity of the charges remains static.

The request for release

The Defense is now asking the Appeals Chamber to reverse the previous decision to maintain detention, and order the immediate conditional release of Mr. Duterte to a cooperating State Party.

The Appeals Chamber’s decision will be a critical turning point in the proceedings, determining whether the former leader will remain in custody throughout the duration of his trial.

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Duterte Defense counsel challenges ICC public appeal for witnesses

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE LEAD defense counsel for former President Rodrigo Duterte has criticized the International Criminal Court (ICC) for publicly appealing for witnesses in the “War on Drugs” investigation, calling the move a threat to the court’s neutrality.

In a statement posted via social media by Alvin & Tourism, Atty. Nicholas Kaufman argued that the ICC Prosecution’s public call for testimony should not have been disseminated on the Court’s official website.

Kaufman contended that such a public appeal violates the principle of “equality of arms,” suggesting it provides the prosecution with preferential treatment over the defense.

“The Court is meant to be a neutral body and the system of law applied is adversarial,” Kaufman said. “Equality of arms between the parties to the litigation should be ensured.”

Despite his objections to the method of the appeal, Kaufman urged the public to use the ICC’s provided channels to submit information that could clear the former President’s name. He emphasized that the prosecution is legally obligated to investigate both incriminating and exonerating evidence to “discover the truth.”

Kaufman expressed confidence that a thorough investigation would establish Duterte’s “absolute innocence” regarding allegations that he orchestrated an organized policy to murder criminals or instructed law enforcement to commit crimes.

The defense team noted that they expect to receive any information submitted to the ICC that tends to exonerate the former President, citing the Court’s rules on due process and honest disclosure.

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Duterte defense cites severe health decline in filing urgent appeal for release

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE DEFENSE team of former President Rodrigo Duterte has formally petitioned the International Criminal Court (ICC) Pre-Trial Chamber I to reconsider his ongoing detention, citing a “serious deterioration” in both his physical and cognitive health.

The request, led by defense counsel Atty. Nicholas Kaufman, argues that it is no longer fair or lawful to keep the former president detained, given his current medical condition.

Medical findings and cognitive decline

 According to the defense, medical experts have identified significant health issues, including physical weakness, unexplained weight loss, and cognitive impairments that reportedly affect the former president’s memory and decision-making capabilities.

Based on these findings, the defense argues that the primary justifications for detention—the risk of flight, witness intimidation, or the commission of further crimes—are no longer realistic.

The filing highlights that the former president has not appeared in court for approximately 10 months. 

The defense expressed frustration over repeated requests for a public hearing, asserting that the judges must observe the accused in person to adequately assess his condition rather than relying solely on written documentation.

While medical opinions on the case vary, the defense emphasized that no expert has concluded that the former president is malingering or faking his symptoms. 

The defense strongly criticized the prosecution for suggesting otherwise without providing proof.

Potential release to third-party state

The defense informed the Chamber that an unnamed ICC member state has expressed willingness to receive the former president if he is granted temporary release. This state has reportedly pledged to enforce strict monitoring and ensure total compliance with all court orders.

The defense concludes that legal uncertainty regarding the medical reports should be resolved in favor of the accused, as mandated by law, and is urging the Pre-Trial Chamber I to grant a temporary release as the case proceeds.

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Duterte defense appeals ICC pre-trial chamber decision denying interim release

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE DEFENSE team for former President Rodrigo Roa Duterte has formally filed a Notice and Grounds of Appeal with the International Criminal Court (ICC), challenging the Pre-Trial Chamber’s decision to deny him interim release.

The appeal, submitted by the defense team led by Atty. Nicholas Kaufman specifically targets the Sept. 26, 2025, decision (referred to as the Impugned Decision) that ruled against the former President’s temporary release from detention. 

The filing was made under Article 82(1)(b) of the Rome Statute, which governs appeals against decisions concerning release or detention.

The defense is seeking a reversal of the Pre-Trial Chamber’s decision and the immediate interim release of former President Duterte to the State that has offered guarantees, under proposed terms and conditions.

Grounds for appeal

The defense team is challenging the entire decision, claiming the Pre-Trial Chamber committed both errors of law and fact in its assessment of the release request. 

The appeal is based on three primary grounds:

1. Insufficient reasoning and speculative findings

The defense argues that the Impugned Decision was insufficiently reasoned, contending that the Pre-Trial Chamber based its findings regarding potential flight or risk factors on speculation and irrelevant considerations.

The appeal asserts that the risk findings are fundamentally flawed because they rely on factors that are not materially linked to former President Duterte himself, but rather to external circumstances or third parties.

2. Failure to weigh state guarantees

The defense claims the Pre-Trial Chamber failed to give sufficient weight to the strong State guarantees and proposed conditions for release put forward on behalf of the former President.

The appeal argues that the Chamber abused its discretion by undervaluing powerful assurances provided at the State level, which the defense believes are adequate to neutralize any alleged risks associated with his release.

3. Humanitarian and medical concerns

The third ground of appeal focuses on humanitarian considerations and objective medical evidence. 

The defense contends that the Chamber failed to give sufficient weight to these factors and did not properly consider the prejudice caused by prolonged detention.

The defense argues that the former President’s deteriorating health significantly reduces the likelihood of his being able to fulfill any alleged risk factors, thereby mitigating the need for continued detention.

The appeal was filed within the required timeframe as stipulated by Rule 154 of the Rules of Procedure and Evidence. 

The ICC Appeals Chamber will now review the grounds presented and determine whether to overturn the Pre-Trial Chamber’s ruling.

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ICC case update: Duterte defense submits 13 items of confidential evidence

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE LEGAL defense team for former President Rodrigo Duterte filed a formal notification to the ICC’s Pre-Trial Chamber I, confirming the disclosure of 13 items of evidence, on Nov. 5, 2025.

Duterte’s defense counsel, led by Atty. Nicholas Kaufman, submitted the filing to the International Criminal Court as part of the ongoing investigation into the “Situation in the Republic of the Philippines” concerning killings committed during the previous administration’s campaign against illegal drugs.

Confidential and ex parte filing

The communication, dated Nov. 3, confirmed that the disclosed items were submitted to the Office of the Prosecutor and the Office of Public Counsel for Victims (OPCV).

Crucially, the submission was filed as confidential and ex parte. This legal classification means:

  • The contents of the 13 evidence items are not accessible to the public.
  • The materials are restricted only to the defense, the prosecution, and the OPCV due to their highly sensitive nature.

The filing was formally titled as the “Defence Second Communication of Disclosure of Evidence” and was presided over by the three-judge panel of Pre-Trial Chamber I.

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