Defense counsel Nicholas Kaufman on Friday challenged the prosecution’s claim that children were among the victims in former president Rodrigo Duterte’s drug war, arguing that only one minor — Kian delos Santos — has been substantiated in the 49 incidents cited before the court.

Speaking on the first session of the last day of the confirmation of charges hearing at the International Criminal Court (ICC), Kaufman said that while allegations involving children “tick the right boxes” and “pull the heartstrings,” Article 61 of the Rome Statute requires proof, not emotion.

“Apart from Kian delos Santos, the prosecution has not, despite its emphasis on children, presented to this Chamber during these proceedings any evidence that even one victim apart from Kian in its 49 incidents was a minor,” Kaufman said Friday, Feb. 27.

“No birth certificates, no corroborative evidence, nothing,” he added, stressing that it is for the prosecution to prove that minors were involved in the charged incidents and not for the Defense to “prove a negative.”

Kaufman maintained that while incidents presented as involving minors are grave, the Chamber must rely on evidence that establishes substantial grounds to believe the crimes were committed as charged.

Delos Santos, 17, was shot dead in August 2017 during an anti-drug operation in Caloocan City, an incident that sparked nationwide outrage and intensified scrutiny of the government’s campaign against illegal drugs.

In 2018, a local court convicted three police officers for murder in connection with the teenager’s killing, rejecting claims that he had fought back and instead finding that he had been shot while pleading for his life.

The case became a flashpoint in public debates over the drug war and was cited by human rights advocates as emblematic of alleged abuses committed during the campaign.

Duterte, arrested in March 2025, is facing allegations before the ICC of crimes against humanity, including murder and attempted murder, in connection with killings linked to the anti-drug campaign during his time as mayor of Davao City and later as president.

The confirmation of charges hearing will determine whether there is sufficient evidence to send the case to trial.