Former President Rodrigo Duterte’s lead lawyer has dismissed as baseless the International Criminal Court’s claim that eight individuals worked with Duterte in carrying out killings tied to his anti-drug campaign, saying the defense will directly challenge the allegation when proceedings begin next week.
In a report by Inquirer.net, British-Israeli lawyer Nicholas Kaufman said he would dispute the prosecution’s framing of the supposed co-perpetrators during the pre-trial stage of the case.
“That is a legal fiction,” Kaufman told the Inquirer.
The names emerged after the ICC Office of the Prosecutor released a version of the document containing charges (DCC) with fewer redactions. The list included Senators Ronald “Bato” Dela Rosa and Christopher “Bong” Go, along with several former top government and law enforcement officials.
Also mentioned were Vicente Danao, former PNP counterintelligence chief; Isidro Lapeña, former head of the Philippine Drug Enforcement Agency; Dante Gierran, former NBI director; Oscar Albayalde, former chief of the National Capital Region Police Office; and the late Camilo Cascolan, who served as director for operations of the Philippine National Police.
The document likewise named former Justice Secretary Vitaliano Aguirre, whom it identified as having served as legal counsel to Duterte and individuals linked to the Davao Death Squad (DDS).
Kaufman argued that the inclusion of names does not automatically mean the ICC is moving to issue warrants against them, and he questioned the logic of pursuing further legal actions while a key jurisdiction issue remains unresolved.
“None of these co-perpetrators are, in my opinion, currently subject to arrest warrants. It flies in the face of prosecutorial logic to seek further warrants in the Philippines situation before the decision of the Appeals Chamber on the former President’s jurisdictional challenge,” he said in a statement sent to Inquirer.
The defense lawyer was referring to the pending appeal following the Nov. 14 ruling that upheld the ICC’s jurisdiction over Duterte’s case.
Kaufman also said Duterte has long been aware of the identities attached to the co-perpetrator label, adding that the defense did not publicize the names earlier because court rules required confidentiality.
“The sensational reporting of this list, however, is clearly politically motivated and designed to decimate the Senate in the hope of perverting the democratic will of the Filipino people,” he added.
According to Kaufman, the release of a less redacted DCC was not a unilateral action by prosecutors but part of an agreement reached between both sides ahead of the confirmation of charges hearing set to start on Feb. 23.
“I had a brief meeting with the Prosecution last week and stated that for the parties to make meaningful submissions at confirmation for the benefit of the public, the document containing the charges would have to be less redacted,” he said.
The confirmation hearing will be handled by the ICC Pre-Trial Chamber, which will determine whether the murder charges against Duterte will proceed to trial.
The prosecution’s document, spanning 15 pages and signed by ICC Deputy Prosecutor Mame Mandiaye Niang, alleged that Duterte and the named individuals operated under a shared understanding to “neutralize” those believed to be involved in illegal drugs, describing the alleged plan as one involving violent crimes, including murder.
The Office of the Prosecutor also claimed that the Davao Death Squad already operated in a structured chain of command even before the alleged killings expanded beyond the city, placing Duterte at the top of that hierarchy.
It stated that those who carried out killings were allegedly positioned at the lowest level of the structure and were overseen by handlers from the police or barangay level.
“The handlers reported to a combination of police and co-perpetrators in particular, Dela Rosa (2012-2013), Danao (2013-2016), Sonny Buenaventura (police officer and Duterte’s driver and bodyguard), and Go, who in turn reported to Duterte. Duterte’s approval was required for DDS members to conduct killings in Davao City,” it noted.
Duterte is facing three murder counts connected to the deaths of 78 suspected drug users and drug pushers between Nov. 1, 2011 and Mar. 16, 2019, covering the period from his time as Davao City mayor up to his presidency.
