On the fourth day of the International Criminal Court's (ICC) confirmation of charges hearing, lead defense counsel Nicholas Kaufman argued that prosecutors failed to present evidence proving that minors were victims in former President Rodrigo Duterte’s controversial anti-drug campaign beyond the single high-profile case of 17-year-old Kian delos Santos.

Kaufman told the ICC Pre-Trial Chamber I on Friday that while the prosecution referenced multiple incidents involving alleged child victims, it had not provided birth certificates or corroborative documentation to substantiate those claims.

“Apart from Kian delos Santos, the prosecution has not … presented to this Chamber during these proceedings any evidence that even one victim apart from Kian … was a minor. No birth certificates, no corroborative evidence, nothing,” Kaufman said.

“It is for the prosecution to prove that the children were involved in these incidents, but not for the defense … to prove a negative,” Kaufman added.

He reiterated that under Article 61 of the Rome Statute, the burden of proof rests with prosecutors to establish substantial grounds to believe crimes were committed as charged—a threshold Kaufman argues has not been met on the question of minor victims.

Prosecutors have cited at least three alleged incidents involving minors among the 49 drug war deaths presented in their case, but the defense’s focus on evidentiary gaps underscores its larger strategy of challenging the strength of the prosecution’s documentation and witness accounts.

Judges will now consider whether the evidence presented during the week-long hearing is sufficient to move the case to a full trial.