ICC prosecutors paint grim ‘bloody legacy’

The International Criminal Court (ICC) has moved forward with its case against former Philippine President Rodrigo Duterte, citing his aggressive anti-drug campaign as grounds for charges of crimes against humanity, including murder, torture and rape.

The charges are based on multiple complaints filed by victims’ families, human rights groups, and whistleblowers who have detailed alleged widespread extrajudicial killings and abuses linked to Duterte’s “war on drugs.”

According to ICC prosecution documents made public on 13 March, Duterte had long planned and implemented the so-called “common plan” to eradicate illegal drugs, drawing from his tenure as mayor of Davao City.

The plan, which was later expanded nationwide upon his assumption of the presidency in 2016, allegedly involved systematic killings, torture and other crimes to eliminate suspected drug offenders.

“He vowed to tell police to ‘go out and kill’ criminals and those involved in drug-related offenses. On multiple occasions, Duterte expressly outlined the common plan publicly, saying that he would ‘stop drugs and crime, criminality, in three to six months,’” read the public redacted version of the ICC prosecution’s urgent application for a warrant of arrest against Duterte.

Records from the ICC indicated that between 1 November 2011, and 16 March, 2019, Duterte and his “co-perpetrators,” including members of the Philippine National Police (PNP) and other high-ranking officials — carried out this plan, leading to thousands of deaths.

While the Philippine government reported around 7,000 drug-related killings, human rights organizations estimate the number to be over 30,000, primarily targeting impoverished communities.

One of the testimonies against Duterte came from Edgar Matobato, a self-confessed hitman and self-proclaimed former member of the Davao Death Squad (DDS), who testified before the Philippine Senate in 2016.

Matobato claimed that the DDS, a group composed of police and non-police operatives, carried out summary executions of suspected drug users and criminals under Duterte’s direct orders. The ICC prosecution also referenced Duterte’s public admission of personally killing drug suspects during his time as Davao City mayor.

One-time, big time

The charges against Duterte are based on violations of articles 7(1)(a), 7(1)(f), and 7(1)(g) of the Rome Statute, which define crimes against humanity, including murder, torture, and sexual violence. Despite the Philippines’ withdrawal from the ICC in March 2019, the court said it maintains jurisdiction over crimes committed before the country’s official exit.

Among the key operations cited by the ICC were the controversial “one-time, big-time” (OTBT) raids, also referred to as Oplan Tokhang, which were heavily conducted from 2016 to 2017. One such operation led to the high-profile deaths of Kian delos Santos, 17, Reynaldo de Guzman, 14, and Carl Arnaiz, 19, all of whom were allegedly executed by police.

The ICC prosecution claims that Duterte played a pivotal role in these killings, acting as the recruiter and financier of the DDS and other law enforcement units tasked with eliminating suspected criminals during his presidency.

“Some killings were staged to appear as though the police had to use lethal force in self-defense against alleged suspects, to cover up the criminal nature of the killings,” the prosecution document states.

“Some operations, which were conducted in a broad and violent fashion, targeted not only the alleged criminals but also family members and other individuals who happened to be in the vicinity and were killed in the attack.”

Duterte, who ruled as Davao City mayor from 1988 to 1998, from 2001 to 2010, and again from 2013 to 2016 before becoming president, was arrested in Manila on 10 March and transferred to The Hague. His first appearance before ICC judges took place on 14 March, where he was informed of the charges against him.

Duterte’s family, including Vice President Sara Duterte, has condemned the arrest, arguing that the ICC lacks jurisdiction over the Philippines and that the former president should be tried in domestic courts. They also questioned the legitimacy of the arrest, claiming that due process was not followed.

However, the ICC insists that it retains the authority to prosecute Duterte for acts committed before the Philippines’ withdrawal from the Rome Statute.

In a Senate inquiry in October last year, Duterte admitted under oath that he took “full legal responsibility” for the deaths resulting from his anti-drug campaign but insisted that law enforcement officers should not be held liable.

He also confirmed that he had encouraged police officers to provoke drug suspects into fighting back, effectively providing justification for extrajudicial killings.

At The Hague, Duterte repeated the same statement that he was taking full responsibility for the legitimate police operations that nonetheless resulted in people getting killed, including police officers.