The camp of former President Rodrigo Duterte argued before the International Criminal Court (ICC) that there is no solid evidence connecting his speeches to the killings linked to his anti-drug campaign.
On the third day of the confirmation of charges hearing held February 26, defense lawyer Nicholas Kaufman said prosecutors failed to prove that Duterte issued direct orders for the killings.
“There is no smoking gun in this case,” Kaufman told the ICC judges.
He pointed out that none of the witnesses in the 49 incidents presented by the prosecution testified to receiving direct instructions from Duterte to kill.
Kaufman stressed that the absence of a clear “causal nexus” between Duterte’s statements and the alleged crimes is enough to question the charges.
The prosecution earlier claimed Duterte played a “pivotal” role in the extrajudicial killings, alleging he created “death lists,” incited violence against suspected drug offenders, and boasted about operations. They also presented videos of Duterte threatening drug suspects.
But the defense dismissed these as “cherry-picked” excerpts, noting that Duterte also emphasized adherence to the law.
Kaufman cited one remark: “Do not kill if you are not in danger of losing your life.”
For Duterte’s camp, the lack of direct evidence shows he did not order killings, and the case should not proceed to full trial.