Nicholas Kaufman, lead defense counsel for former president Rodrigo Duterte at the International Criminal Court, asked judges to send his client back to the Philippines as he challenged the prosecution’s theory during the confirmation of charges hearing.
“We will ask you to send Rodrigo Duterte back to his family. And we will ask you to give back to the Filipino people their Tatay Digong,” Kaufman told the pre trial chamber.
Kaufman argued that Duterte’s rhetoric during his presidency did not amount to criminal intent. “Once more, for the record, Rodrigo Duterte’s language was aimed not at suspected drug pushers as the prosecution would have it, but directly at those poisoning society with their substances. And not I stress with lethal intent,” he said in his opening statement.
He maintained that the former president’s words were meant to assert authority and enforce respect for the law. “His rhetoric was calculated to arouse fear and obedience, to instill fear in their hearts, and to inculcate a respect for the law in their minds. Nothing more, nothing less. That was his intent, and it was not criminal,” Kaufman said.
Duterte is facing charges of crimes against humanity over killings linked to the so called Davao death squad and his administration’s campaign against illegal drugs. The defense argued that strong and inflammatory statements alone do not establish criminal responsibility. “It’s not enough to state that since the former president made those extremely inflammatory statements, and deaths occurred, that he must as a matter of course be criminally responsible for those fatalities,” Kaufman said.
“At this stage of the proceedings, the prosecution needs to show substantial grounds to believe that the former president actually desired and foresaw that people would be killed as a result of his incendiary language,” he added.
Kaufman described the charges as “grievously misplaced and politically motivated” and urged the chamber to dismiss them. He also raised President Marcos’ supposed role in the arrest and turnover of Duterte to The Hague. Malacañang has repeatedly maintained that the former president’s arrest was legal and in line with the country’s commitment to the International Police Criminal Organization.
As the confirmation of charges process continues, the defense is pressing the argument that criminal intent has not been established and is asking the court to allow Duterte to return home to the Philippines.
