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He further contended that the prosecution is attempting to build a narrative based on a “pattern of murder” using outdated public statements that fall outside the legal timeframe of the ICC’s investigation.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

by Rhoda Grace Saron
written by Rhoda Grace Saron
  • Former Davao journo nixes ICC prosecution over CCTV evidence

A FORMER journalist executed a notarized affidavit accusing the prosecution team of using “tampered” and “unauthorized” video footage during the opening statements in the current confirmation of charges for former President Rodrigo Duterte at the International Criminal Court Pre-Trial Chamber I. 

Ben Jason Tesiorna formally filed an Affidavit of Denial in Davao City on Feb. 26, 2026, directly disputing the integrity of evidence presented by ICC Prosecutor Julian Nicholls.

In the sworn statement, Tesiorna asserted that he was the original owner and copyright holder of the video, which he recorded on his personal mobile phone on December 19, 2013, during a media showcase of Davao City’s Central 911.

Tesiorna said he never authorized the ICC to broadcast his footage. He claimed the video shown in court contained “unauthorized and illegal” English subtitles added to “ascribe voices” to certain individuals, including the former president, which were not in the original recording.

He also clarified that the “killing” shown in the CCTV footage was not happening in real-time during the 2013 showcase, as the prosecution allegedly implied. 

Instead, it was a playback of a past, already-investigated incident used to demonstrate the system’s high-definition zoom capabilities.

‘Misleading the court’

The affidavit further claimed that Nicholls misrepresented the facts by making it appear that then-mayor Duterte failed to respond to a crime in progress.

“The ICC Prosecutor twisted the facts… it was just a showing of the capability of the CCTV,” Tesiorna’s affidavit read. 

He added that his original, unedited video actually showed Duterte lamenting that he would likely be blamed for such killings.

Demand for apology and redress

Tesiorna demanded a public apology from the ICC Prosecution by Friday, Feb. 27, 2026. Failure to do so, he warned, would lead him to seek legal redress for cyberlibel, damages, and copyright infringement.

“Mr. Nicholls’ showing and broadcasting worldwide of my video has tainted my reputation and put me and my family in danger,” Tesiorna stated in the document.

On Monday, the International Criminal Court (ICC) began its hearing to confirm charges against Duterte. The hearing aims to determine if “substantial grounds” exist to try the 80-year-old former leader for crimes against humanity. 

Central to the prosecution’s opening was a 2013 video involving the killing of three alleged thieves at the Agdao Public Market in Davao City. ICC prosecutors alleged that the footage showed Duterte “gloating” over the killings, suggesting the perpetrators—purported members of the “Davao Death Squad” (DDS)—acted with impunity under his orders.

However, veteran Davao journalist Ben Tesiorna, posting under his Facebook name Aeson Anroiset, contested this narrative. 

Tesiorna, who was present at the time of the original recording, clarified that the context of the video had nothing to do with endorsing extrajudicial killings.

“I took that video myself and nowhere in the video was FPRRD [Duterte] gloating about the killing,” Tesiorna stated in a comment on a national media outlet’s report. “He was very proud of the high-tech CCTVs installed that can zoom into several meters—that was more than a decade ago.”

Tesiorna’s claim suggests that Duterte’s recorded reaction was directed at the city’s technological capabilities rather than the violence itself.

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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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Davao City Council offers prayer for FPRRD amid ongoing confirmation of charges in ICC

by Nova Mae Francas
written by Nova Mae Francas

THE 21ST Davao City Council offered a prayer for former President Rodrigo Duterte in the ongoing confirmation of charges in the International Criminal Court (ICC) in The Hague.

The confirmation hearing in the case The Prosecutor v. Rodrigo Roa Duterte is scheduled to open on 23 February 2026 at 10:00 (The Hague local time) before Pre-Trial Chamber I of the ICC.

Councilor Myrna Dalodo-Ortiz led the prayer before the regular session started on Tuesday, Feb. 24.

“We also lift up to you the ongoing court proceedings involving our beloved former President, Rodrigo Duterte, in the Hague. Lord, you are the source of justice and truth. We pray that fairness, clarity, and due process will prevail,” Ortiz said.

“Grant him strength, peace of mind, and courage during a challenging time. Comfort his family and supporters, and calm any unrest or division among our people,” she added.

The hearing is scheduled on February 23-27, 2026, where the prosecution, the defense, and the legal representatives of victims will make oral submissions before the judges to present their arguments on the merits.

The confirmation of charges hearing aims to determine whether there is sufficient evidence to establish substantial grounds that the defendant committed each of the crimes charged. 

ICC stated that if one or more of the charges are confirmed, the case will be transferred to a Trial Chamber.

In an interview after the session, Councilor Danilo Dayanghirang urged supporters to continue praying for the release of FPRRD.

“He was our mayor. We are deprived of our mayor. He was elected by the people of Davao. We were deprived of his services, but I believe the only way is to pray,” Dayanghirang said.

The councilor declined to comment on the first day of the confirmation of charges on February 23

Apart from praying, Dayanghirang said he is closely monitoring the ongoing procedure.

“I know what is in their mind is to look at God and to give what is due to the president. The presentation is laudable on the side of Kaufman,” he said.

With the confirmation to conclude on Friday, Dayanghirang said the party is not speculating, except to “pray hard” before Friday and thereafter.

Dayanghirang said there is no scheduled movement to show support for the president to give way for the proceedings in the ICC.

The councilor said the city council is not passing a resolution, as a series of resolutions appealing to bring back home the former president have been passed in the past year.

“It is their right to express, but as far as I’m concerned, I believe more in the higher-up than human intervention. In this case, I feel it’s God’s will, and we will pray more,” he stressed.

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‘Betrayal and bound witnesses’: Duterte defense alleges Marcos-ICC ‘secret scheme’ to neutralize former President

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE LEAD defense counsel for former President Rodrigo Duterte accused the Marcos administration of covertly orchestrating his client’s “unconstitutional” arrest.

Addressing the ICC Pre-Trial Chamber I on Tuesday, Kaufman alleged the existence of a covertly recorded telephone call that proves a “scheme” to funnel witnesses to The Hague while providing President Ferdinand Marcos Jr. with “plausible deniability.” 

Kaufman claimed the defense recently received a transcript—disclosed by the prosecution as “exonerating evidence”—detailing a conversation between four unidentified parties.

According to Kaufman, one party boasted of being a “silent partner” to President Marcos Jr., managing the delivery of witnesses to the ICC despite the President’s public “cast-iron undertaking” that the Philippine government would not assist the court.

“President Ferdinand Marcos Jr. set out to neutralize Rodrigo Duterte and his legacy,” Kaufman told the court, pointedly using the prosecution’s own terminology.

‘Cherry-picked’ rhetoric

The defense dismissed the prosecution’s case as being built on “political demagoguery” and “spicy gossip” rather than forensic reality. Kaufman argued that Duterte’s infamous “tough tongue” was a tool for law and order, not a mandate for murder.

The defense presented its own “speech counter,” claiming that for every one speech the prosecution uses to prove incitement, there are 3.5 speeches where Duterte explicitly ordered police to operate within the bounds of law and self-defense.

“Abuse your authority, and there will be hell to pay,” Kaufman quoted from a 2016 Duterte speech, arguing this was the “exonerating evidence” the prosecution intentionally ignored.

Attack on the investigation’s integrity

Kaufman further alleged that the entire investigation was “contaminated” from the start. He targeted ICC Chief Prosecutor Karim Khan—who has since been disqualified from the case—accusing him of a “one-track crusade” and failing to disclose prior ties to witnesses as a private lawyer in 2018.

The defense painted a picture of Davao City’s transformation from a “communist outpost” to a global safety standard as the true legacy of the Duterte administration. Kaufman argued that the “Davao Model” was not a code for violence, but a blueprint for the “Selfless Public Service” that led to Duterte’s landslide 2016 victory.

As the four-day confirmation of charges hearing continues, the defense maintains that without Duterte’s “bombastic rhetoric,” there would be no case.

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ICC chamber expands evidence pool in Duterte’s trial

by Rhoda Grace Saron
written by Rhoda Grace Saron

DAYS before the confirmation hearing of charges against former President Rodrigo Duterte, the International Criminal Court’s (ICC) Pre-Trial Chamber I has officially granted requests from both the prosecution and the defense to expand their respective lists of evidence in the case.

In a decision dated Feb. 20, 2026, the chamber allowed the Defense to add 108 new items to its evidentiary list after the Prosecution confirmed it had no objections. 

Simultaneously, the prosecution was granted leave to add 14 items to its own list, a move the Defense also agreed not to oppose.

The chamber, composed of Presiding Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge María del Socorro Flores Liera, noted that the requested additions were “limited in extent” and “relevant to the charges brought against the suspect”.

To ensure the proceedings remain on track, the chamber ordered both parties to file their updated, comprehensive lists of evidence no later than 4:00 PM (16:00H) on Feb. 20, 2026.

Duterte continued to be detained in The Hague for crimes against humanity charges in relation to his bloody war on drugs. He was whisked away to the Netherlands by the Marcos administration in March 2025, which the Duterte family and their allies branded as an extraordinary rendition. 

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ICC prosecution blocks Duterte’s bid to skip landmark confirmation hearing

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE INTERNATIONAL Criminal Court (ICC) Prosecution nixed the request by former President Rodrigo Duterte to waive his presence at his upcoming confirmation of charges hearing, set to begin on Feb. 23, 2026 .

In a six-page filing dated Feb. 19, the prosecution argued that the 80-year-old former leader is “fit, available, and has no reasonable cause” to skip the proceedings in person.

The prosecution’s opposition centers on the principle that an accused cannot unilaterally decide to be absent from court.

Deputy Prosecutor Mame Mandiaye Niang emphasized that only the Pre-Trial Chamber I has the legal power to excuse an accused’s absence, and such requests are granted only under “exceptional” circumstances.

The prosecution dismissed claims that Duterte is too “old, tired, and frail” to attend.

They noted that a unanimous panel of independent medical experts previously found him physically and mentally fit to participate, provided certain accommodations (such as shorter sessions and hourly breaks) are met.

The chamber said Duterte’s refusal to even watch via video link demonstrated his “lack of respect for the court” rather than a genuine health concern.

Duterte’s lead counsel, Nicholas Kaufman, submitted the waiver request on Feb. 18, accompanied by a personal statement from the former president.

In his statement, Duterte said:”I do not recognize the jurisdiction of the International Criminal Court over my person. I do not wish to attend legal proceedings that I will forget within minutes.”

Duterte further insisted that his arrest on March 11, 2025 , and subsequent transfer to The Hague constituted a “kidnapping” facilitated by the current Philippine administration.

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VP Sara updates supporters on former president’s status in The Hague

by Rhoda Grace Saron
written by Rhoda Grace Saron

VICE PRESIDENT Sara Duterte has called on Filipinos to continue their moral support and prayers for her father, former President Rodrigo Roa Duterte, as his legal battle before the International Criminal Court (ICC) enters its second year.

In an interview conducted on Jan. 29, the Vice President confirmed that she remains in close contact with the former leader, who has been in ICC custody since March 2025.

Addressing rumors regarding dissatisfaction with the former president’s defense team, VP Duterte clarified that there are no plans to replace his current lawyers. She noted that while her father has provided specific instructions to the team led by Atty. Nicholas Kaufman, those details remain confidential.

“He said it’s not about replacing them,” the Vice President shared, explaining that her father remains engaged with the legal process despite the ongoing jurisdictional challenges being reviewed by the Appeals Chamber.

A message to supporters on ‘Duterte Street’

The vice president expressed deep gratitude for the “Duterte Street” supporters—Filipinos living in or traveling to the Netherlands who gather to show moral support.

“I am thankful because it’s been almost a year, and I’m sure it will go beyond another year,” she said. “They spend their own money to come here and show support to the whole world, not just here in the Netherlands”.

She emphasized that this presence significantly impacts the former President’s morale:

The Vice President noted that the daily presence of supporters helps maintain her father’s spirits while in detention.

She shared a lighthearted moment where the former president asked if the people outside still greet her, to which she confirmed that the Filipino community remains warm and welcoming.

As the ICC Appeals Chamber, presided over by Judge Luz del Carmen Ibáñez Carranza , considers new defense submissions regarding the Court’s authority to exercise jurisdiction after the Philippines’ withdrawal, the Vice President urged supporters to stay grounded in faith.

“The most important thing is prayer, because the power of prayer is very strong when many people pray together,” she concluded.

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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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ICC appeals chamber orders further submissions in Duterte jurisdiction challenge

by Rhoda Grace Saron
written by Rhoda Grace Saron

THE INTERNATIONAL Criminal Court (ICC) Appeals Chamber has issued a new “Order for Further Submissions” in the ongoing legal battle over whether the court has jurisdiction to investigate alleged crimes committed in the Philippines during the administration of former President Rodrigo Duterte.

The order, dated December 16, 2025, follows Duterte’s appeal against a previous Pre-Trial Chamber decision that upheld the court’s authority despite the Philippines’ withdrawal from the Rome Statute.

The Appeals Chamber determined that critical legal issues regarding the court’s jurisdiction were not sufficiently addressed in prior submissions or decisions. 

To gain clarity, the Chamber has invited additional written observations from the Deputy Prosecutor and the Office of Public Counsel for Victims (OPCV).

The Chamber specifically requested the parties to address:

  • Interpretation of Articles 12(2) and 13(c): How these articles should be understood within the Court’s legal framework on jurisdiction.
  • Interaction of Articles 12, 13, and 127: The legal consequences of how these articles interact, both generally and specifically, regarding the Philippine situation.

While the order allows for further legal debate, it was a mixed result for Duterte’s legal team. 

The Appeals Chamber rejected the Defense’s specific request for leave to reply to the Deputy Prosecutor’s previous response to their appeal brief.

However, the Defense will still have an opportunity to respond to the new observations submitted by the Prosecutor and the OPCV.

Key deadlines

The Chamber has set a timeline for the next phase of the appeal:

  1. Jan. 16, 2026 (4:00 PM Hague Time): Deadline for the Deputy Prosecutor and OPCV to file their observations.
  2. Jan. 23, 2026 (4:00 PM Hague Time): Deadline for the Defense to file its response.
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