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Jean Mangaluz - Philstar.com
February 27, 2026 | 9:01pm
MANILA, Philippines — The International Criminal Court (ICC) prosecution has reiterated a point that former president Rodrigo Duterte has repeatedly made in the past: that he was the "most responsible" for the deaths in the drug war.
On the fourth and final day of the ICC’s confirmation of charges against Duterte, the ICC prosecution sought to debunk the claims made by Duterte’s defense lawyer Nicholas Kaufman, pointing out that Kaufman himself was able to make a case as to why Duterte should be put on trial.
The confirmation of charges is not a trial in itself, but it is where it will be decided whether there is enough evidence to proceed to one.
While Kaufman tried to point out lapses in the prosecution’s evidence, ICC Senior Trial Lawyer Julian Nicholls said that Duterte’s defense had effectively shown why the matter should be elevated to trial: the evidence should be examined by judges.
When Kaufman tried to point out that official police records do not indicate evidence of mass killings, Nicholls said it was no surprise, noting that Duterte appointed his alleged co-perpetrator, Bato dela Rosa, as police chief.
Nicholls argued further that powerful people rarely commit their crimes on paper.
Even in past cases involving African warlords tried in international courts, their generals would include clauses in their orders telling their men to respect human rights, Nicholls argued. But in the end, all of it was for show.
While Kaufman claimed that the few convictions of erring cops were proof that Duterte had no tolerance for bad behavior, Nicholls called this a mere veneer.
“The facts cannot be denied by these sprinklings. He ran a death squad in Davao. He ran it for twenty years before he became president. His promise was to kill thousands and he did. It doesn’t matter how many times he tried to throw in a caveat,” Nicholls said.
Nicholls said it was time for Duterte to be held to account. He noted that Duterte has repeatedly claimed responsibility for the drug war in public statements.
“We’re here, in this Court, to prosecute the most responsible. And the most responsible is his client, former president Duterte. Not the people on the ground who committed the killings, they are responsible but they are not the most comfortable. And unlike his client, the ones who have come forward, have shown remorse for what they have done,” Nicholls said.
