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Duterte 'maintains his innocence absolutely' in ICC case: defense lawyer

Published Feb 23, 2026 8:06 pm

Former president Rodrigo Duterte "absolutely" maintains his innocence, his defense lawyer told the International Criminal Court, as a pre-trial hearing against him opened on Monday, Feb. 23.

Duterte, who was not in court, "stands behind his legacy resolutely" said his lawyer Nicholas Kaufman. "He maintains his innocence absolutely."

Kaufman acknowledged that his client was "a unique phenomenon" who was "gung-ho in his ways" and was full of "hyperbole, bluster, and rhetoric."

However, he accused the prosecution of "cherry-picking" through Duterte's speeches, adding that many of them insist on the importance of sticking to the law.

The former president's speeches did not have "lethal intent" but aimed to "instil fear in the hearts" of criminals, said the lawyer.

Kaufman told ICC judges that the evidence against Duterte was "wholly insufficient" and the charges were "grievously misplaced and politically motivated."

The proceedings are a "confirmation of charges" hearing after which judges will weigh whether to move forward to a full trial. That decision will take up to 60 days.

'High value targets'

Duterte faces three counts of crimes against humanity, with prosecutors alleging his involvement in at least 76 murders between 2013 and 2018.

The true number of killings during his campaign in the Philippines is thought to be in the thousands, and lawyers for the victims have argued that a full trial could encourage more families to come forward.

ICC deputy prosecutor Mame Mandiaye Niang said the murder charges were "merely a fraction" of the real numbers killed.

Duterte, who was president from 2016 to 2022, was arrested in Manila in March last year, flown to the Netherlands, and has since been held at the ICC's detention unit at Scheveningen Prison.

He followed his initial hearing three days later by video link, appearing dazed and frail and barely speaking.

The first of three counts against Duterte concerns his alleged involvement as a co-perpetrator in 19 murders carried out between 2013 and 2016 while he was mayor of Davao City.

The second relates to 14 murders of so-called "High Value Targets" in 2016 and 2017 when he was president.

The third charge covers 43 murders committed during "clearance" operations of lower-level alleged drug users or pushers across the Philippines between 2016 and 2018.