On the third day of the International Criminal Court’s (ICC) confirmation of charges hearing for former President Rodrigo Duterte, lead defense counsel Nicholas Kaufman argued that the anti-drug campaign, at the heart of the case, did not target the Filipino people as a whole but rather alleged drug pushers and criminals, adding that prosecutors have failed to prove a direct link between Duterte’s rhetoric and killings.

Kaufman told the ICC Pre-Trial Chamber I that the prosecution’s theory of a “widespread and systematic attack” on civilians lacks evidence of causal connection and that no witness will testify they received a direct order from Duterte to kill. He described the narrative that Duterte’s speeches sparked extrajudicial killings as “bizarre” and insisted the former leader’s statements were intended to instill fear in criminal elements and respect for the law, not to encourage murder.

“The alleged attack in this case was directed at a subgroup of perceived or alleged criminal offenders—not the Filipino population as a whole,” Kaufman said while presenting the defense’s case.

The prosecution, however, has underscored that Duterte’s anti-drug policies resulted in thousands of killings and that evidence shows a national operational structure involving police and other actors. Prosecutors cite government and independent estimates of drug war deaths ranging from around 6,000 to as high as 30,000, including alleged victims with no links to drugs.

The 80-year-old Duterte, arrested in March 2025, has waived his right to attend proceedings.

Judges will have up to 60 days after the hearing’s conclusion to decide whether there are sufficient grounds to proceed to a full trial.