The International Criminal Court has confirmed crimes against humanity charges against former Philippine President Rodrigo Duterte for deadly anti-drugs crackdowns he allegedly oversaw while in office.
Duterte, who served as President from 2016 to 2022, was arrested in the Philippines last year and flown to the Hague, where the global court is located. He denies the charges against him.
A three-judge panel found unanimously there were “substantial grounds” to believe the ex-leader was responsible for dozens of murders, first as Mayor of the southern Philippine city of Davao and later when he was President.
In their 50-page decision, judges found that the evidence shows that Duterte, 81, “developed, disseminated and implemented” a policy “to ‘neutralize’ alleged criminals.” The ICC said in a statement that pre-trial judges “unanimously confirmed all the charges … against Rodrigo Roa Duterte and committed him to trial.”
The charges include three counts of crimes against humanity in the forms of murder, torture, and rape during Duterte’s bloody “war on drugs.”
The campaign, which Duterte waged as a city Mayor and then throughout his six-year presidency, saw the extrajudicial killings of tens of thousands of alleged dealers, users and others, human rights groups say. ICC prosecutors previously alleged he was involved in at least 76 murders, and charged him with three counts of crimes against humanity.
According to prosecutors, police and hit squad members carried out dozens of murders at Duterte’s behest starting in 2011, motivated by the promise of money or to avoid becoming targets themselves.
Deputy Prosecutor Mame Mandiaye Niang told the court in pretrial hearings in February, “For some, killing reached the level of a perverse form of competition.” “Duterte’s so-called war on drugs resulted in the killings of thousands of civilians and many of these victims were children,” prosecutor Mame Niang told an ICC court in February, calling for Duterte to be held to account. He added that the proceedings were “a reminder that those in power are not above the law.”
Estimates of the death toll during Duterte’s presidential term vary, from the more than 6,000 that the national police have reported to up to 30,000 claimed by human rights groups.
Duterte has not been present in the courtroom for any hearings, having waived his right to appear. Last month judges found he was fit to stand trial, after postponing an earlier hearing over concerns about his health.
ICC prosecutors said in 2018 that they would open a preliminary investigation into the violent drug crackdowns. In a move that human rights activists say was aimed at avoiding accountability, Duterte, who was President at the time, announced a month later that the Philippines would leave the court. On Tuesday, appeals judges rejected a request from Duterte’s legal team to throw out the case on the grounds that the court did not have jurisdiction because of the Philippine withdrawal.
Duterte’s arrest and deportation last March was the result of a dramatic chain of events – precipitated by a falling out between his daughter, Sara, and his successor, President Ferdinand Marcos Jr. The Marcos and Duterte families had formed a formidable alliance in the 2022 election to solidify their support bases, but later feuded as they pursued divergent political paths. Marcos had previously refused to co-operate with the ICC investigation, categorically declaring that the Philippines “will not cooperate” with the Court “in any way, shape, or form.” However, as his relationship with the Duterte family deteriorated, he changed his stance. Duterte’s supporters now allege that Marcos is using the ICC as a political tool.
ICC Decision Hailed
Human rights groups also praised the decision. Maria Elena Vignoli, senior international justice counsel at Human Rights Watch, said, “Duterte’s trial will send a powerful message that no one responsible for grave crimes is above the law, whether in the Philippines or elsewhere, and that justice will eventually catch up with them.”
However, Duterte’s lead defense lawyer Nick Kaufman said that he was disappointed in the decision, saying it “is based on the uncorroborated statements of vicious self-confessed murderers acting as cooperating witnesses.”
A date for the start of the trial has not yet been set. Duterte will be the first Asian former Head of state to face trial at the ICC, which prosecutes individuals for the world’s worst crimes such as war crimes and crimes against humanity. The court faces the most difficult time in its 24-year history, with the United States sanctioning key judges and officials after the ICC issued arrest warrants for Israel’s leader over the Gaza war.
