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February 26, 2026 | 10:57pm
MANILA, Philippines — Rodrigo Duterte's lawyer Nicholas Kaufman told International Criminal Court judges that the term "neutralization" in police manuals refers to lawful arrest or restraint, not the killing of drug suspects.
Presenting the defense on Thursday, February 26 (Manila time) at the ICC's seat in the Hague, Netherlands, Kaufman said prosecutors misinterpreted the term as evidence of a policy to kill.
Citing the Philippine National Police manual, Kaufman described "neutralization" as a "police intervention in strict accord with the use of force continuum and/or principle of proportionality on the use of force to contain or stop the unlawful aggression of the offender."
"This may include an arrest, capture, surrender or other acts to subdue the suspect," he said during the defense presentation before the ICC.
Kaufman added that in "political, legislative, and judicial" contexts, the term also pertains to restraint.
Response to prosecution
Kaufman's argument responded to prosecutors' claim that "neutralization" was used in law enforcement playbooks as a standard term tied to the targeting of alleged drug suspects.
During the anti-drug campaign known as Oplan Double Barrel, "neutralizations" were cited as proof of success, according to Human Rights Watch.
HRW has said the term may refer either to arrests or to the killing of suspects.
Local and international human rights groups have recorded thousands of fatalities during the drug war.
In the ICC case, prosecutors have charged Duterte with three counts of crimes against humanity covering 78 alleged murders and attempted murders during his time as Davao City mayor and as president.
Hearing continues
As of Thursday, ICC Pre-Trial Chamber I Presiding Judge Iulia Motoc said the defense presentation would continue at 10 a.m. February 27 (5 p.m. in Manila time).
The confirmation of charges hearing will determine whether there are substantial grounds to send Duterte to trial.
