The Hague, Netherlands – The International Criminal Court (ICC) is considering whether to move forward with a trial for former Philippine President Rodrigo Duterte. Prosecutors expressed confidence on Friday, February 27, that they have presented a strong case.
“For whoever was in the courtroom, I think that there is no doubt we have put really a strong case, and I am pretty confident that in the two months to come, the judges will vindicate us by committing this case to trial,” Deputy Prosecutor Mame Mandiaye Niang stated in an interview with Rappler.
Defense Claims Hearsay
Duterte’s lead defense counsel, Nicholas Kaufman, countered that the prosecution’s evidence amounted to “hearsay.” Even as Kaufman’s presentation on February 26 was acknowledged by victims’ lawyers as legally sound, he concluded with an emotional appeal that the prosecution sought to remove from the record.
Kaufman referenced a recent conversation with the detained Duterte, in which the former president reportedly said, “I’ve never murdered anyone.” Duterte too stated, “Mr. Kaufman, Nick, I have done my duty, and I have left my legacy. Go to court and do your job, but I can no longer help you. I no longer remember much at all.”
Prosecution trial lawyer Julian Nicholls requested that the latter statement be struck from the record, arguing that Kaufman could not testify on behalf of Duterte. Nicholls added, “[Duterte] could have come here and talked about whatever he wanted to, but he chose not to.”
Focus on Witness Testimony
The defense argued that the prosecution’s case relies heavily on questionable witness testimony. In 49 incidents brought forth by the prosecution, Kaufman highlighted that only two had a witness who could directly infer Duterte’s involvement.
One incident involves three killings allegedly carried out by the Davao Death Squad, with the prosecution presenting an insider witness who reportedly overheard Duterte, identified by the codename “Superman,” giving orders via phone. Kaufman argued that the witness did not speak directly with “Superman” but heard the claim from a third party.
Another incident concerns the killing of former Albuera City, Leyte mayor Rolando Espinosa while in police custody in November 2016. The prosecution has a witness who “claimed to have heard but admitted not to have seen anything.” Kaufman noted that a former prisoner testified to a House of Representatives committee in 2025 that he heard Espinosa plead for his life before being killed, while a jail guard stated that all present were ordered to “face the wall.”
Nicholls countered that the prosecution interprets the term “neutralize,” used in Duterte-sanctioned documents, as a directive to kill. He argued that Duterte’s list of individuals was not a “kill list” but a prioritization list for public safety.
What’s Next?
The ICC judges will now consider the evidence presented by both sides. If they determine there are “substantial grounds to believe” that Duterte committed the alleged crimes, the case could proceed to trial. Kaufman argued that the prosecution’s evidence does not meet this standard, citing “layered hearsay” and a lack of direct evidence linking Duterte to the crimes. The prosecution intends to demonstrate at trial that official government records cited by Kaufman are falsified.
Nicholls concluded his closing statement by playing a video of Duterte making a throat-slashing gesture and asking, “They say I did it?” He then stated, “He’s just taking credit for killing his own people.” He urged the court to hold Duterte accountable, stating, “He must answer for the dead. The victims demand it. Justice demands it.”
Frequently Asked Questions
What did Deputy Prosecutor Mame Mandiaye Niang say about the case?
Deputy Prosecutor Niang stated he is “pretty confident” that the judges will commit the case to trial within the next two months, believing the prosecution has presented a “strong case.”
What was the defense’s main argument?
The defense argued that the prosecution’s evidence was largely based on “hearsay” and lacked a direct link between Duterte and the alleged crimes.
What did Duterte reportedly say to his lawyer, Nicholas Kaufman?
Duterte reportedly told Kaufman, “I’ve never murdered anyone,” and later stated, “I have done my duty, and I have left my legacy…I can no longer help you. I no longer remember much at all.”
As the ICC deliberates, what level of evidence will ultimately be deemed sufficient to move forward with a trial against a former head of state?
