On day three of the ongoing confirmation of charges hearing of the International Criminal Court (ICC) for former President Rodrigo Duterte, lead defense counsel Nicholas Kaufman slammed the prosecution’s key witnesses, calling them “self‑confessed murderers” whose testimony should carry little weight.

Kaufman urged the Pre‑Trial Chamber I to limit the use of these witnesses, arguing that their statements were obtained with assurances of limited use and immunity and that relying on them would undermine the Rome Statute’s purpose.

Kaufman told judges that “most” of the prosecution’s witnesses admitted to committing murder and were granted assurances that self‑incriminating material would not be used against them in ICC proceedings. He said this arrangement was “morally repugnant” and questioned the propriety of offering such immunity just to build the case against Duterte.

The defense lawyer argued that because these witnesses are “self‑confessed murderers,” their credibility is inherently unreliable, and their statements should be considered of negligible evidentiary value. Kaufman said that shielding murderers from prosecution at the ICC to secure testimony against Duterte raises serious public policy concerns.

The prosecution, for its part, has based much of its case on witness testimony linked to killings allegedly carried out during Duterte’s war on drugs, aiming to show that extrajudicial executions occurred as part of a broader policy amounting to crimes against humanity. Witnesses have described instances of killings and operational pressure on law enforcement units, but the defense continues to dispute both the credibility of the testimonies and the prosecution’s overall factual narrative.

The ICC hearing, livestreamed for public viewing, is focused on determining whether there is sufficient evidence to proceed to a full trial on charges including murder and attempted murder. Judges have up to 60 days after the hearing concludes to decide whether the case should move forward.