Metro Manila, Philippines – The defense of former President Rodrigo Duterte denied that his rhetoric had the criminal intent to kill thousands for the war on drugs as the International Criminal Court (ICC) conducted pre-trial proceedings to hear the crimes against humanity case on Monday, Feb. 23.
In his opening statement, British-Israeli lawyer Nicholas Kaufman asked the ICC Pre-Trial Chamber I judges to dismiss the “grievously misplaced politically motivated charges” against Duterte during the confirmation of charges hearing.
“We will ask you to send Rodrigo Duterte back to his family, and ask you to give back the Filipino people their Tatay Digong,” Kaufman said, as the defense said it intends to convince the court of the “wholly insufficient nature” of the evidence.
Kaufman’s opening statement reminded the court of Duterte’s arguments in justifying the bloody anti-drug campaign. He gave time to celebrate Duterte’s years in public service and social programs implemented in Davao City to defend the character of his client.
The counsel also attacked the media and civil society organizations, claiming Duterte’s speeches were “fertile fodder for his enemies and detractors.”
“A man whose hyperbole, bluster, and rhetoric, once published, became a natural target for privately-funded NGOs (nongovernmental organizations) and human rights activists,” Kaufman said.
He said the prosecution “cherry picked” Duterte’s speeches to stand as proof for the case, claiming that they can counter the prosecution evidence with more pronouncements supporting the “use of force only in self-defense.”
“Rodrigo Duterte’s language was aimed not at suspected drug pushers, as the prosecution would have it, but directly at those poisoning society with those substances and not, I stress, with lethal intent,” Kaufman said.
“His rhetoric was calculated to rise, arouse fear and obedience, to instill fear in their hearts, and to inculcate a respect for the law in their minds. Nothing more. Nothing less. That was his intent, and it was not criminal,” he said.
Empty utterances
ICC senior trial lawyer Julian Nicholls, during the prosecution’s submission of merits, rejected the supposed cherry picked statements, adding that their evidence “overwhelmingly” showed that references to self-defense, following the law, and due process are “nothing but nonsense.”
“Those empty utterances…those were simply him acting as the former prosecutor trying to build in some semblance of a defense preparing for the day should it ever come, as he now has that he will be held to account,” Nicholls claimed.
“The reality is Mr. Duterte’s message was clear and was understood by the perpetrators and it was followed,” he said. “That message was: commit murder in my direction and I will protect you, I will pay you, I will promote you, and that’s what happened.”
ICC pre-trial judges will hear the statements of the prosecution, defense, and counsel for victims throughout the week to determine whether Duterte’s case will proceed into trial. The decision will come up after 60 days.
Duterte is facing charges of three counts of murder and attempted murder.
The Philippine government said around 6,000 people were killed under the war on drugs but human rights groups claimed higher figures.
