ICC prosecutor recalls Duterte admitting death squad before Philippine Senate

International Criminal Court (ICC) Prosecutor and Senior Trial Lawyer Julian Nicholls on Friday questioned former President Rodrigo Duterte’s legal counsel if he was calling his client a liar and a perjurer as he recalled Duterte’s admission under oath that he had a death squad.

“Three times under oath, Mr. Duterte said in committee hearings, I have a death squad. Is Mr. Kaufman saying that his client is a liar and a perjurer who has no problem lying under oath?” Nicholls said in his closing remark at the confirmation of charges hearing on Friday.

In October 2024, Duterte admitted before a Senate subcommittee that he instructed police officials to "encourage" criminals to fight so they would have a reason to kill them.

Among the police officials whom Duterte said he gave the instructions to were former national police chiefs Archie Gamboa, Vicente Danao, and Senator Ronald "Bato" dela Rosa, all of whom have served in Davao City, Duterte's bailiwick.

The ICC prosecutors have alleged that Dela Rosa and Danao are Duterte’s co-perpetrators.

Duterte described the said police officials as "commanders of the death squad"–although he denied using the police to implement kill orders.

Nicholls alleged that Duterte ran a death squad in Davao for over 20 years before he became president.

“His promise was to kill thousands, and he did. So it does not matter how many times he tried to throw in a caveat. And again, as I said, this is not uncommon in crimes committed by powerful figures. They try to build in a defense,” he said.

Nicholls also said Kaufman saying that one could not rely on anything come out of Duterte’s mouth.

“That’s good to know, if he ever decides to testify. And for his representations on interim release, that you can’t trust a word out of his mouth,” he said.

Kaufman, however, said this was taken out of context.

“What I was saying and what everybody understood is that Mr. Duterte’s speeches alone are totally insufficient to substantiate the charges against him,” he said.

READ: DAY IN COURT: ICC Hearings on the Charges vs. Duterte

The ICC Office of the Prosecutor has charged Duterte with 3 counts of crimes against humanity for alleged murder and attempted murder during his time as mayor and president.

In arguing that the evidence against Duterte was insufficient, the defense said that the 80-year-old did not issue specific orders to kill drug suspects in the course of his campaign to dismantle the illegal drug trade

He also cited speeches where the former President told cops to kill only in self-defense.

Meanwhile, Kaufman asked the Pre-Trial Chamber I to let Duterte return to the Philippines.

“Your honors, I beg you to be guided by evidence which must reach a minimal level of integrity. Be persuaded by your own innate sense of justice and by your own collective years of experience. But most importantly, be guided by coherent evidence and by common sense,” Kaufman said.

“I ask you, I beg you, not to confirm any of the charges. I ask you to let Rodrigo Duterte return to the Philippines, not to govern, but simply to let him live out the rest of his days in peace, in his humble dwelling in Davao,” he added. –NB, GMA Integrated News