ICC prosecutors cite orders ‘from above,’ rewards in Duterte killings

International Criminal Court (ICC) prosecutors are seeking to introduce witness accounts that could help trace the alleged chain of command behind drug war killings, including instructions from higher authorities and payments connected to police operations during former President Rodrigo Duterte’s anti-drug campaign.

In court filings made public Friday, 23 October, prosecutors sought permission to introduce the previously recorded testimonies of three witnesses who could shed light on how alleged drug war killings were ordered, planned and executed, including what Duterte allegedly knew about the operations.

The prosecution told Trial Chamber III that two of the witnesses could provide direct evidence concerning Duterte's alleged knowledge and intent, while all three could help establish the existence of a policy to “neutralize” suspected criminals through violence.

In its fifth application under Rule 68(3) of the ICC's Rules of Procedure and Evidence, the prosecution sought the admission of recorded accounts from witnesses identified as P-1155, P-1156 and P-1157.

Their testimonies concern alleged murders charged under Count 3 of the case, although the specific incident, identities of those involved and other details remain concealed in the publicly released documents.

According to prosecutors, P-1155's testimony describes alleged orders “from above,” police instructions and a reward associated with the killings.

P-1156 is expected to provide details about the alleged planning and preparation of the operation, including instructions and payments, while P-1157's account concerns a killing and a planned police operation against the targets.

Expert report also sought

In a separate filing, prosecutors also asked the chamber to admit an expert report prepared by witness P-1400, together with 15 supporting materials.

Rather than spend an estimated five hours examining the expert in court, prosecutors proposed a two-hour supplementary examination focusing on matters requiring clarification.

“Granting the Request will enhance the expeditiousness of the proceedings by reducing the length of the witness’s direct examination from five hours to two hours, saving approximately three hours of court time,” the filing stated.

Under the proposal, the expert would first adopt the written report before answering additional questions from prosecutors.

Duterte, 81, faces three counts of crimes against humanity stemming from alleged killings committed during his tenure as Davao City mayor and later as president.

Earlier this month, Trial Chamber III ruled that he was fit to stand trial, concluding that he could effectively exercise his fair trial rights despite concerns raised about his health.

The court is scheduled to hold a final status conference on 2 November to address outstanding trial preparations before proceedings open on 30 November.