Lead legal counsel for former president Rodrigo Duterte argued on the fourth and final day of the International Criminal Court (ICC) confirmation hearing that, apart from Kian Delos Santos, there is insufficient evidence to prove minors were killed during the drug war.

“Apart from Kian Delos Santos, in its 49th incident was a minor. No birth certificates, no corroborative evidence. Nothing. While incidents presented involving minors are indeed grave, Article 61 requires proof, not emotion,” Kaufman said.

This was in response to the second-day statement of ICC prosecutor Edward Jeremy, who said children became victims of the killings — from 17-year-old Kian Delos Santos in August 2017, which sparked public outcry and temporarily halted anti-drug operations, to children aged 14 to 15 who were allegedly strangled to death with wire.

“It is for the prosecution to prove that the children were involved in this incident,” Kaufman said.

After this, the chamber has 60 days before it releases a decision on whether Duterte’s case regarding crimes against humanity will proceed to trial.