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Advocates Philippines
Duterte Defense Pushes Back At ICC Over 'High-Value Targets'
ICC FILE
THE HAGUE — As the International Criminal Court (ICC) confirmation of charges hearing against former Philippine president Rodrigo Duterte nears its conclusion, his legal team continued to challenge key aspects of the prosecution’s case — particularly the interpretation of the term “high-value targets” (HVT) in the context of the country’s anti-drug campaign.
Lead defense counsel Nicholas Kaufman argued that the prosecution’s labeling of certain individuals as high-value targets does not, on its own, prove a plan to kill them. He emphasized that prioritizing suspects based on intelligence assessments is a standard operational practice in law enforcement and does not equate to a directive to carry out lethal operations.
The defense maintains that the term HVT is a classification tool rather than a coded instruction for killings, and cautioned against treating such labels as evidence of a coordinated plan to eliminate suspects. The team also questioned the reliability of prosecution witnesses and noted that official data suggest drug war deaths were fewer than the number of arrests, highlighting gaps in direct evidence linking Duterte to specific killings.
Meanwhile, the prosecution has presented evidence linking killings of high-value targets to broader patterns in the anti-drug campaign, including fatal police raids and the widely publicized death of teenager Kian delos Santos. Human rights organizations and international observers have underscored the campaign’s significant civilian toll, which various estimates place in the thousands.
Duterte, who waived his right to appear in person, faces three counts of crimes against humanity — including murder and attempted murder — stemming from operations during his time as both mayor of Davao City and president of the Philippines.
The confirmation of charges hearing, held from Feb. 23 to Feb. 27, 2026, is a pre-trial process to determine whether there is sufficient evidence to proceed to a full trial. Judges have up to 60 days after the hearing concludes to decide whether to confirm some or all of the charges.
Observers say the hearing is shaping up as a defining moment for international justice and accountability regarding one of the Philippines’ most polarizing policy chapters.
Lead defense counsel Nicholas Kaufman argued that the prosecution’s labeling of certain individuals as high-value targets does not, on its own, prove a plan to kill them. He emphasized that prioritizing suspects based on intelligence assessments is a standard operational practice in law enforcement and does not equate to a directive to carry out lethal operations.
The defense maintains that the term HVT is a classification tool rather than a coded instruction for killings, and cautioned against treating such labels as evidence of a coordinated plan to eliminate suspects. The team also questioned the reliability of prosecution witnesses and noted that official data suggest drug war deaths were fewer than the number of arrests, highlighting gaps in direct evidence linking Duterte to specific killings.
Meanwhile, the prosecution has presented evidence linking killings of high-value targets to broader patterns in the anti-drug campaign, including fatal police raids and the widely publicized death of teenager Kian delos Santos. Human rights organizations and international observers have underscored the campaign’s significant civilian toll, which various estimates place in the thousands.
Duterte, who waived his right to appear in person, faces three counts of crimes against humanity — including murder and attempted murder — stemming from operations during his time as both mayor of Davao City and president of the Philippines.
The confirmation of charges hearing, held from Feb. 23 to Feb. 27, 2026, is a pre-trial process to determine whether there is sufficient evidence to proceed to a full trial. Judges have up to 60 days after the hearing concludes to decide whether to confirm some or all of the charges.
Observers say the hearing is shaping up as a defining moment for international justice and accountability regarding one of the Philippines’ most polarizing policy chapters.
Feb 27, 2026
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