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Janvic Mateo - The Philippine Star
February 24, 2026 | 12:00am
MANILA, Philippines — Former president Rodrigo Duterte’s speeches threatening to kill drug peddlers and users did not have “lethal intent” but were meant only to “instill fear in the hearts” of criminals, his lawyer Nicolas Kaufman told the International Criminal Court (ICC).
“Once more, for the record, Rodrigo Duterte’s language was aimed not at suspected drug pushers as the prosecution would have it, but directly at those poisoning society with their substances. And not – I stress – with lethal intent,” Kaufman said in his opening statement at the confirmation of charges hearing yesterday.
“His rhetoric was calculated to 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 added.
Kaufman argued against the prosecution’s assertion that Duterte enabled widespread and systematic killings during his time as president and Davao City mayor.
He described the so-called Davao death squad, which was alleged to have been established by Duterte, to be a “fictitious construct.”
“It’s not enough to state that since the former president made those extremely inflammatory statements, and deaths occurred, that he must, as a matter of course, be criminally responsible for those fatalities,” the lawyer said.
“At this stage of the proceedings, the prosecution needs to show substantial grounds to believe that the former president actually desired and foresaw that people would be killed as a result of his incendiary language,” he added.
Describing Duterte as a “unique phenomenon,” Kaufman repeatedly called him the “people’s president,” elected precisely because of “his firm and uncompromising commitment to upholding law and order.”
“His style of statesmanship was novel and unpalatable to many. His expletives and hyperbole grated, while his honesty and wild popularity irritated. He spoke openly, from the heart, sincerely and truthfully,” said Kaufman.
Kaufman told the ICC Duterte “stands behind his legacy resolutely… He maintains his innocence absolutely,” according to a report from AFP.
The lawyer dragged President Marcos in his statement, claiming the Chief Executive’s supposed role in what he described as an “unconstitutional” arrest and turnover of Duterte to The Hague.
Malacañang maintains that the former president’s arrest was legal and in line with the country’s commitment to the International Police Criminal Organization.
Kaufman described how Duterte became a target of efforts that eventually landed him in The Hague, accusing the media, human rights organizations and civil society of ignoring the “true context” of the situation.
“With or without Duterte, so we argue, the death rate would have kept on rising. Indeed, as we will prove with statistics and reports, the death rate flowing from narcotics-related crime actually increased after Rodrigo Duterte left power,” said the defense lawyer.
“Cases are decided on the basis of evidence, not supposition, not rumor, not spicy gossip and certainly not on the basis of political rhetoric and bluster. Because at the end of the day, were it not for those belligerent and controversial speeches, there would have been no impetus to bring the people’s president to The Hague,” he added.
Kaufman urged the pre-trial chamber to dismiss what he described as “grievously misplaced and politically motived” charges against the former president.
“We will ask you to send Rodrigo Duterte back to his family. And we will ask you to give back to the Filipino people their Tatay Digong,” he added.
