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February 27, 2026 | 5:57pm
President Ferdinand Marcos Jr. holds a press conference at Malacañang on March 11, 2025.
STAR / Noel Pabalate
MANILA, Philippines — Former president Rodrigo Duterte’s defense lawyer Nicholas Kaufman has challenged the International Criminal Court (ICC) prosecution to investigate what he described as the "sky-high" rate of killings under the administration of President Ferdinand Marcos Jr.
During the defense presentation on February 26 (Manila time), Kaufman presented statistics from the Dahas Project of the University of the Philippines’ Third World Studies Center, which recorded 342 killings during the first year of the Marcos administration alone.
He pointed out that 160 of those deaths were attributed to state agents.
“The conclusion is that there is no reason to believe that Duterte's disappearance from the political scene would have frustrated the ongoing incidents of murder at the hands of state agents or vigilantes,” Kaufman said.
Kaufman also said that if the prosecution were to create the same visual data charts for the two years since Duterte left office as they did for his presidency, the numbers would be so high they "wouldn't have room left on their computer screen".
“Clearly, I'm forced to ask myself whether anyone on the other side of this room has thought of investigating the Marcos regime and the related phenomenon and holding someone accountable,” he said.
Kaufman also contended that for Duterte to be held liable as a co-perpetrator, the prosecution must prove that the alleged crimes would not have occurred without his specific involvement.
He said that the continued and even increasing rate of violence under the current regime proves that Duterte's presence was not the "sine qua non" or the essential cause of these deaths.
“Did these 49 murders which the prosecution has identified occur specifically because of Rodrigo Duterte's involvement or, to make the logic a whole lot simpler, would Rodrigo Duterte's withdrawal from this criminal scheme to target suspected criminals as alleged by the prosecution have led to the avoidance of these 78 deaths?” Kaufman asked.
However, it should be noted that the Philippines withdrew from the ICC in 2019 following the former president's unilateral withdrawal from the international tribunal.
In the ongoing proceedings, prosecutors have leveled three counts of crimes against humanity against Duterte.
These charges encompass 78 specific instances of murder and attempted murder allegedly committed during his dual tenures as mayor of Davao City and president of the Philippines.
The confirmation of charges hearing, which commenced on February 23, focuses on whether there is sufficient evidence to proceed to trial regarding these alleged systematic killings.
On the second day of the proceedings, the prosecution bolstered its case by presenting a series of public addresses in which Duterte reportedly urged law enforcement officers to eliminate drug users and dealers.
Meanwhile, the third day was a counter to the prosecution's allegations. It will continue on Friday, February 27 (Manila time).
