MANILA, Philippines — February 26, 2026 — Nicholas Kaufman, the lead counsel of former President Rodrigo Duterte, told the International Criminal Court (ICC) that the term “neutralize” used during the controversial anti-drug campaign was never intended to mean killing suspects but rather arresting and subduing them through lawful means. 

Kaufman made the clarification during the third day of the ICC Pre-Trial Chamber I’s confirmation of charges hearings against Duterte, who faces allegations of crimes against humanity linked to thousands of deaths during his war on drugs.

Kaufman emphasized that even the ICC prosecution’s own witnesses acknowledged that “neutralization” was synonymous with restraint and arrest. “Witnesses P1158 and P1170 explained that neutralize means to arrest or to incarcerate through legal means,” he said, underscoring that the defense’s position is supported by testimony from individuals presented by the prosecution itself.

The lawyer further argued that there was no direct order from Duterte to kill drug suspects, rejecting the narrative that the former president sanctioned extrajudicial killings. “There is no smoking gun in this case, and it is not for want of a desperate attempt to find one on the part of the prosecution with all their leading questions when they interviewed their criminal cooperating witnesses,” Kaufman told the ICC judges.

Duterte, who served as mayor of Davao City before becoming president in 2016, launched a nationwide crackdown on illegal drugs that drew international criticism for alleged human rights violations. 

The campaign, which saw thousands of deaths in police operations and vigilante-style killings, has been the subject of ICC scrutiny since 2018. The court is now determining whether charges against Duterte should proceed to trial.

Kaufman insisted that the charges were politically motivated and lacked credible evidence. He maintained that the defense’s interpretation of “neutralize” aligns with standard law enforcement practices, where the term refers to subduing suspects without necessarily resorting to lethal force.

The ICC hearings continue as Duterte’s legal team seeks to dismiss the case, while international human rights groups argue that accountability is necessary for the thousands of lives lost during the drug war. The outcome of the confirmation of charges will determine whether Duterte faces a full trial before the ICC.

This clarification from Kaufman marks a significant moment in the proceedings, as the interpretation of “neutralize” could influence how the court views Duterte’s responsibility in the violent campaign that defined his presidency.

Image from ICC Livestream