ICC lawyer cites minors’ killings in ICC case vs Duterte

International Criminal Court lawyer Edward Jeremy presented key evidence on the second day of former President Rodrigo Duterte’s confirmation of charges hearing on 24 February, focusing on the killings of high-value targets and children during the government’s war on drugs.

Jeremy divided his presentation into two parts. The first covered the crimes charged under Count Two, which pertain to the killings of high-value targets from July 2016 to July 2017. The second addressed murders and attempted murders during barangay clearance operations from July 2016 to September 2018.

He emphasized that the anti-drug campaign had been widely publicized since Duterte ran for president in 2016. Jeremy presented Memorandum Circular 16-2016, also known as Project Double Barrel, signed by then-Philippine National Police chief Ronald “Bato” Dela Rosa.

The memorandum formalized the launch of the intensified anti-drug campaign, which aimed to “neutralize” drugs. It included Project Tokhang and Project HVT (High-Value Targets), referred to in the so-called PRRD list. Individuals were categorized from Level 1 — barangay kagawads, street-level pushers and former PNP officials — up to Level 5, which included wholesalers, financiers and high-ranking PNP/AFP officials.

Jeremy also played videos in court that showed Duterte encouraging killings and offering protection to law enforcers.

"No military man will go to prison because they performed their mission," Duterte said in one video.

"For as long as there is power to pardon, that's my weapon against crime. Magmassacre kayo," he said in another.

Two of the high-value targets presented as killed were Raul Yap, identified as a Level 3 HVT, and Rolando Espinosa, mayor of Albuera, Leyte, identified as a Level 4 HVT. In one video, Duterte was shown holding the HVT list, with Espinosa’s photo crossed out, indicating he had already been killed.

"Basically, a PRRD list is a death list," Jeremy said.

‘Nanlaban’ cited as justification

Jeremy highlighted that the term “nanlaban” (fought back) was frequently used as a justification for killings, particularly in barangay-level operations where unofficial rewards were allegedly paid.

Videos and photographs of victims were also shown, including Benjamin Vista, who was handcuffed and forced to ride a motorcycle by police shortly before midnight. Twenty minutes later, he was dead after being shot multiple times in the head.

A separate national incident in Bulacan, where 32 individuals were killed by police in a 24-hour period, was likewise presented. Footage showed Duterte reacting to the killings.

"Yung namatay daw kanina sa Bulacan 32, maganda yun," Duterte said in a video, applauding the police operation.

The killing of 17-year-old Kian Delos Santos was also cited, an incident that triggered public outcry and temporarily halted anti-drug operations. However, Jeremy noted that the killings resumed two months later, including cases involving minors.

In 2018, two separate cases involving minors aged 14 and 15 were also raised. In both instances, the children’s heads were wrapped in packing tape and they were strangled with wire.