At ICC hearing, Duterte counsel says 'Tatay Digong' was fond of exaggerating

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February 23, 2026 | 9:31pm

MANILA, Philippines — Former president Rodrigo Duterte's lead counsel used his first speech before the International Criminal Court on Monday, February 23 to argue that the tough-talking leader's public promises of killings was just exaggerated talk meant to scare criminals. 

British-Israeli lawyer Nicholas Kaufman — in a hearing closely watched by the Philippines and abroad — anchored his opening speech as lead counsel on Duterte's fondness for "hyperbole" and rhetoric. He accused the ICC prosecution of "cherry-picking" speeches to prove he incited to murder over speeches with Duterte's more tempered language.

In a speech that appeared to double as a tribute, Kaufman called Duterte "the people's president" and "Tatay Digong," praised his "honesty" and "wild popularity," and described his career as one of "selfless public service" — language that is reminiscent of speeches in pro-Duterte rallies and social media channels devoted to the Dutertes.

Kaufman said it found 35 speeches where Duterte referenced lawful self-defense, versus 20 the prosecution cited as evidence of incitement to murder. The lawyer called that "350 percent more speeches in favor of our defense."

The speech was notable, too, for what it did not directly confront.

Kaufman largely sidestepped the prosecution’s broader case that killings were carried out as part of a systematic campaign against suspected drug offenders — an effort prosecutors say involved coordinated police operations and witnesses who described pressure and coercion within anti-drug units.

Instead, he trained his fire on Duterte’s speeches and the media coverage around them. He also dismissed the prosecution's cooperating witnesses in a single line, calling them people "whose reliability is next to zero."

Claim on Marcos' role in arrest

Kaufman also devoted a portion of his speech to accusing President Ferdinand Marcos Jr. of engineering Duterte's arrest — a claim that tracks closely with messaging from Duterte's political allies and pro-Duterte content creators.

"It is indeed the defense case that President Ferdinand Marcos Jr. set out to neutralize Rodrigo Duterte and his legacy," Kaufman told the three-judge chamber.

Kaufman then claimed the defense had obtained a transcript of a covertly recorded phone call between unnamed parties, one of whom was allegedly "boasting" about acting as Marcos' "silent partner" in funneling witnesses to the court while ensuring "plausible deniability." He said the recording was disclosed by the prosecution itself but did not identify the parties, saying they "cannot be mentioned in public."

Marcos has denied the arrest was politically motivated, saying the case was initiated in 2017 while Duterte was still president. Malacañang has maintained the arrest was lawful under the Philippines' obligations to Interpol and Republic Act 9851.

Attacks on media, civil society

Kaufman targeted journalists and human rights organizations in terms that echoed Duterte supporters' usual talking points. He accused "the media controlled by the powerful" of producing "sensational headlines" with a "twisted editorial slant," and described civil society groups as "a loose collective" funded by "tycoons with even grander designs."

He also attacked former ICC Chief Prosecutor Karim Khan, accusing him of running a "one-track crusade" against Duterte and "single-handedly contaminating" the investigation. The ICC Appeals Chamber disqualified Khan from the case in October 2025 after finding his prior work as a private lawyer who engaged with drug war victims created a "reasonable appearance of bias." The case has been led by ICC Deputy Prosecutor Mame Mandiaye Niang from the start.

Kaufman also argued the prosecution must show "substantial grounds to believe" Duterte sought actual killings as a result of his words. Proving that he made threatening statements and that deaths followed, the lawyer said, was "not enough."

But Kaufman did not explain how such statements squared with Duterte's many public remarks that appeared to directly encourage killings, including his repeated calls for police and citizens to kill drug suspects — statements extensively documented in ICC filings and congressional hearings last year.

He also did not address the prosecution's broader theory: that Duterte did not merely give speeches, but allegedly built and directed a killing apparatus — the Davao Death Squad as mayor, and a nationwide system of police "clearance operations" as president — through which crimes against humanity were carried out.

Duterte was not in the courtroom on Monday and will not be present for the rest of the hearings. He waived his right to attend, writing to judges that he does not recognize the court's jurisdiction and is "old, tired, and frail."

The confirmation of charges hearing will determine whether there are enough grounds to subject Duterte to a full trial.