The defense team of former President Rodrigo Duterte appears to lack sufficient evidence to disprove his alleged involvement in the Philippines’ drug war killings, human rights lawyer Neri Colmenares said Tuesday ahead of the second day of the International Criminal Court (ICC) confirmation of charges hearing.
Colmenares, who has represented families of drug war victims through the Rise Up for Life and for Rights network, commented on Duterte lawyer Nicholas Kaufman’s claim that President Ferdinand Marcos Jr. had broken a promise not to cooperate with the Hague-based tribunal.
The former lawmaker emphasized that the ICC is primarily concerned with whether there is substantial evidence showing Duterte had command responsibility or intent regarding the killings during his anti-drug campaign.
Colmenares also highlighted the legal principle of “negative pregnant,” in which a denial implicitly admits part of an allegation. He explained, “If someone asks, ‘Did you kill him?’ and you respond, ‘I did not kill him on Wednesday,’ it seems to admit you may have killed him on another day.”
The ICC Pre-Trial Chamber is currently holding confirmation of charges hearings to determine whether there are substantial grounds to believe Duterte committed crimes against humanity in connection with the thousands of killings linked to his administration’s anti-drug campaign. Prosecutors have argued that evidence points to Duterte’s pervasive role in the crackdown.
