Reparations for drug war victims possible

Victims of former President Rodrigo Duterte’s brutal drug war may seek reparations — such cash, rehabilitation and medical support — if he is found guilty by the International Criminal Court (ICC) on charges of crimes against humanity.

The ICC allows victims to claim reparations for the harm they have suffered, but these can only be awarded once the defendant is convicted. In Duterte’s case, the victims are primarily the families of those killed during his anti-drug campaign, which critics claim involved extrajudicial killings and systemic human rights violations. Reparations can be granted individually or collectively, depending on the specifics of the case and what is deemed most appropriate for the victims involved.

Reparations could also include the return of property that was seized, access to victim support services, and symbolic gestures such as a public apology and memorials to honor the deceased. If monetary compensation is awarded, it will be provided through a trust fund designated for the victims, which is activated only if the accused’s assets are insufficient to cover the reparations.

While Duterte’s assets would remain frozen during the trial, the ICC’s trust fund aims to ensure that victims receive reparations even if the accused lacks sufficient financial resources.

An ICC video explainer stated: “In many cases, the impact of the crime can be immense, and the guilty person doesn’t have enough financial resources to compensate for the potentially large number of victims.”

To address this, the ICC has created a trust fund financed by voluntary state contributions to assist in executing the reparations ordered by the court.

However, ICC-accredited lawyer Joel Butuyan cautioned that the funds allocated for reparations might be limited, so victims should manage their expectations regarding the amount of compensation they may receive. He stressed that the amount of money available will likely depend on the contributions to the trust fund and the financial status of the accused.

Duterte, who was arrested in Manila last week and transferred to The Hague to face charges of crimes against humanity, is accused of orchestrating a violent and controversial war on drugs, which led to thousands of deaths — many of them of people from impoverished communities.

The ICC’s investigation is focused on these killings, which human rights organizations claim were carried out through extrajudicial executions as part of a state-sanctioned campaign.

Duterte is set to appear before the ICC judges on 23 September for confirmation of the charges against him. The trial is a crucial step in holding Duterte accountable for the deadly drug war, which sparked significant domestic and international debate over human rights and justice.

Meanwhile, the group Rise Up for Life and for Rights, which advocates for justice on behalf of the families of drug war victims, has called on the ICC to deny any petition for Duterte’s interim release.

The group argued that releasing Duterte would pose a danger to the victims and witnesses, as it could lead to further intimidation or retaliation against those seeking justice.

During his presidency, Duterte’s assets were largely kept private, despite a legal requirement for public officials to file their Statements of Assets, Liabilities and Net Worth (SALNs) annually under the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713). Public access to these SALNs became increasingly limited after the issuance of Memorandum Circular No. 1 in 2020, signed by Ombudsman Samuel Martires, a Duterte appointee.

The memorandum restricted access to SALNs, allowing only the declarants and certain officers conducting investigations to review them, further limiting transparency during and after Duterte’s tenure.