MANILA — The confirmation of charges hearing against former President Rodrigo Duterte at the International Criminal Court (ICC) took a dramatic turn as his lead defense counsel, Nicholas Kaufman, shifted the spotlight to alleged vigilante-style killings under the administration of President Ferdinand “Bongbong” Marcos Jr., prompting a swift rebuttal from Malacañang.
Speaking on the third day of proceedings, Kaufman questioned whether incidents of killings allegedly involving state agents and vigilantes after Duterte’s presidency are being investigated, arguing that violence did not end when his client left office.
“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.
“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 added.
Kaufman cited data from the University of the Philippines’ Dahas Project, noting that 160 of 342 recorded killings during the first year of the Marcos administration allegedly involved state agents. He also pointed to figures showing an increase in cases from 342 to 362 between July 2023 and June 2024, with 34 percent reportedly involving state agents.
He further questioned what he described as the relative silence of certain human rights groups and families of drug war victims who had been vocal during Duterte’s term.
“Or is it of no consequence now that Mr. Duterte is sitting in the ICC detention center?” he asked.
Malacañang, however, dismissed Kaufman’s remarks, with Palace Press Officer Atty. Claire Castro suggesting that the defense argument may inadvertently acknowledge the existence of killings during Duterte’s watch.
“Is that an admittance that there really is a murder in the time of former President Duterte? First of all, it is surprising that the client here is the former President Duterte. But why are his eyes focused on President Marcos Jr.?” Castro said.
“Is this his defense? Because if this is his defense, it is funny. But if there is a basis, if there is a basis for what he is saying, it is that we know that the President does not want to fight against illegal drugs,” she added.
Castro maintained that if there is credible evidence based on the Dahas Project’s report, authorities should act accordingly.
“But whoever is saying this, whoever is giving this kind of information, they should complete it, not just the number. Where did it happen? Who is involved?” Castro remarked.
“What I’ve said, if there are pieces of evidence that can be submitted, then that’s the right time to investigate this matter. The President does not want this administration to be affected by bloody ex-judicial killings because that is not his legacy,” she added.
Duterte is facing charges of crimes against humanity before the ICC over alleged killings linked to his anti-drug campaign. The charges cover incidents in Davao City during his term as mayor from 2013 to 2016 involving 19 victims; the deaths of 14 alleged high-value targets during his presidency from 2016 to 2017; and 45 killings and attempted killings during police operations from 2016 to 2018./PN
