The burden of proving that children were killed during the Philippines’ drug war rests entirely with prosecutors, and they have largely failed to meet it, defense lawyer Nicholas Kaufman argued on the final day of the International Criminal Court confirmation hearing.
Kaufman challenged the credibility of the prosecution’s claims about underage victims, contending that only one case — that of 17-year-old Kian Delos Santos — was substantiated with adequate documentation. “Apart from Kian Delos Santos, in its 49th incident was a minor. No birth certificates, no corroborative evidence. Nothing. While incidents presented involving minors are indeed grave, Article 61 requires proof, not emotion,” he said.
The argument was a direct pushback against ICC prosecutor Edward Jeremy, who on the third day of the hearing had painted a broader picture of child casualties — citing victims as young as 14 and 15 who were allegedly strangled with wire, alongside Delos Santos, whose August 2017 killing triggered widespread public anger and a temporary suspension of anti-drug operations.
Kaufman was unambiguous about where responsibility lies: “It is for the prosecution to prove that the children were involved in this incident.”
The four-day confirmation hearing has now concluded. The chamber has 60 days to determine whether the case against former president Rodrigo Duterte — centered on allegations of crimes against humanity — will advance to a full trial.
