Layout by: Shawn Andrei Ojeda
Published by: Kyla Shane Recullo
Date Published: March 17, 2026
Time Published: 2:04
Former Philippine President Rodrigo Duterte faced judges at the International Criminal Court in The Hague, Netherlands, on Friday, February 27, as his lawyers argued during the confirmation of charges hearing that prosecutors had failed to present direct evidence linking him to specific killings in the Philippine drug war.
Defense counsel Nicholas Kaufman told the court that there is “no smoking gun in this case” and said the prosecution failed to establish a “causal link” between Duterte’s speeches and the 49 incidents involving 78 alleged victims cited in the charges.
Kaufman emphasized that “not one witness relevant to any of the 49 incidents will testify that he received a direct order from the former president to go out and kill someone,” arguing that the evidence does not meet the legal threshold required for the case to proceed to trial.
Former presidential legal counsel Salvador Panelo said the prosecution’s case had been “shattered to pieces” during the third day of the hearing and claimed that the documentary and testimonial evidence presented failed to prove Duterte’s criminal responsibility.
Panelo also questioned the ICC’s jurisdiction over the case, asserting that the court assumed authority despite the Philippines’ withdrawal from the Rome Statute and maintaining that police circulars cited by prosecutors instructed officers to act “in accordance with law.”
Prosecutors, however, maintain that Duterte’s public statements and anti-drug campaign policies contributed to a pattern of widespread killings and are urging judges to confirm charges of crimes against humanity so the case can move forward to trial.
The confirmation hearing will determine whether there are substantial grounds to believe Duterte committed the crimes charged, after which ICC judges have up to 60 days to decide whether the case will proceed to a full trial.
REFERENCES:
[1] BaroΓ±a, F. J. C. (2026, February 27). No link between threats and drug war killings, Duterte lawyer says. The Manila Times. https://www.manilatimes.net/2026/02/27/news/no-link-between-threats-and-drug-war-killings-duterte-lawyer-says/2286138/amp
[2] Domingo, K. (2026, February 27). ICC case vs Duterte ‘shattered into pieces’ after Kaufman presentation—Panelo. ABS-CBN News. https://www.abs-cbn.com/news/nation/2026/2/27/icc-case-vs-duterte-shattered-into-pieces-panelo-says-on-third-day-of-confirmation-hearing-1058
[3] Mateo, J., & Cariaso, B. (2026, February 27). No smoking gun versus Duterte for crimes against humanity – Kaufman. OneNews PH. https://www.onenews.ph/articles/no-smoking-gun-versus-duterte-for-crimes-against-humanity-kaufman
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