Duterte defense at ICC: ‘Neutralization’ meant arrest, not killing
This report is part of Inquirer’s special coverage of Duterte at the ICC. For real-time updates, follow our live coverage of the confirmation hearing.
MANILA, Philippines — Former President Rodrigo Duterte’s counsel on Thursday maintained that the term “neutralization” during his administration’s war on drugs referred not to killing but to “arrest or incarceration.”
During the third day of the confirmation of charges hearing before the ICC Pre-Trial Chamber I, Nicholas Kaufman directly disputed the prosecution’s claim that the term, as used in law enforcement, meant “to kill.”
Kaufman cited Senator Bato dela Rosa—then Philippine National Police (PNP) chief—who publicly clarified that “neutralization” meant arrest.
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Kaufman quoted dela Rosa on Oct. 28, 2024, saying: “Neutralization, a police intervention in strict accord with the use of force continuum and/or principle of proportionality on the use of force, is purposely to contain or stop the unlawful aggression of the offender.”
“This may include an arrest, capture, surrender or other acts to subdue the suspect.”
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Kaufman also cited some of the prosecution’s own witnesses who themselves explained that the word meant to “incarcerate through legal means.”
“Witnesses P1158 and P1170 explained that ‘neutralize’ means to arrest or to incarcerate through legal means. It did not mean to kill,” said Kaufman.
“Witnesses P1050 and P1174 confirmed that lethal force arose only where a suspect’s resistance placed an officer’s life at risk,” he said.
Furthermore, Kaufman argued that even the Philippine Supreme Court (SC) has declined to issue any ruling declaring the drug war unconstitutional, invalidating circulars, or determining that “neutralize” or “neutralization” meant to kill.
READ: ICC hearing Day 3: Duterte defense to challenge evidence
Duterte is currently facing three counts of crimes against humanity before the ICC due to his administration’s bloody war on drugs, which killed at least 6,000 people according to government records and over 30,000 based on human rights estimates.
The confirmation of charges hearing will determine whether there is sufficient evidence to establish substantial grounds to elevate the case to a full trial. /dl
