International Criminal Court (ICC) prosecutors have formally charged former President Rodrigo Duterte with three counts of murder for crimes against humanity over his role as an “indirect co-perpetrator” in the drug war killings during his presidency and, earlier, his term as Davao City mayor.

The charge sheet, dated 4 September but only made public on 22 September, listed three counts of murder and attempted murder against the 80-year-old Duterte, who has been in the custody of the ICC in The Hague, Netherlands, since his arrest on 11 March in Manila.

Deputy Prosecutor Mame Mandiaye Niang said Duterte was criminally responsible for the so-called “common plan,” which was carried out by his co-perpetrators — members of the Philippine National Police, Philippine Drug Enforcement Agency, National Bureau of Investigation and Bureau of Corrections.

The “common plan” referred to Duterte’s anti-drug policies, which allegedly involved systematic killings, torture, and other crimes to “neutralize” suspected drug offenders.

The scheme was originally developed during Duterte’s tenure as mayor of Davao and was expanded nationwide when he won the presidency in 2016.

The network included non-police assets and hitmen tasked with operating like the Davao Death Squad (DDS) in carrying out the killings under the common plan. The period covered November 2011 to December 2019.

The DDS was allegedly composed of Davao-based police, including their then chief now Senator Ronald dela Rosa, as claimed by Duterte.

Dela Rosa and retired police chief Oscar Albayalde are being linked as co-perpetrators of Duterte, having spearheaded the brutal drug war.

Dela Rosa was Duterte’s PNP chief from 2016 to mid-2018 and was succeeded by Albayalde, who allegedly continued the drug war which saw over 6,000 deaths based on government data.

The figure only covered Duterte’s tenure as president, but rights watchdogs estimated the actual death toll exceeded 30,000.

The three counts of murder filed by the ICC prosecutors only accounted for 78 murders.

However, the team said the figure did not represent the full extent of the situation during the specified period, as the number was significantly higher due to the widespread nature of the attacks.

“The attacks were widespread. It was carried out on a large scale and frequent basis, victimizing a significant number of civilians over a broad geographic area and a prolonged period of time,” the filing dated 22 September read.

Of the 78 victims, 14 were “high-value targets,” while 45 relate to the murders and attempted murders in barangay operations across the Philippines under Duterte’s watch as president.

The other 19, meanwhile, were killed during his term as Davao City mayor.

The filing stated that police who killed a “high-value target” received a monetary reward ranging from P50,000 to P1 million, depending on the prominence of the target.

In a separate filing dated 24 July but released Monday, Mandiaye Niang told the ICC that the prosecution’s evidence was strong enough to uphold the three charges and send the case to trial.

Duterte was supposed to face the ICC judges on 23 September for the confirmation of the charges, but this was postponed indefinitely following a petition by his lawyer to determine whether the octogenarian was fit to stand trial.

The defense cited the former president’s poor health, his memory loss, which made him incapable of participating in the proceedings.

The prosecution strongly opposed the defense’s plea for a deferral, but the ICC Pre-Trial Chamber I ruled in favor of Duterte’s camp, emphasizing that the “postponement will be limited to the time strictly necessary to determine whether Mr. Duterte is fit to follow and participate in the pre-trial proceedings,” and all other hearings.