ICC charges Duterte with 3 murder counts over 49 killings

Former President Rodrigo Duterte’s legal team has taken a step to formally challenge the jurisdiction of the International Criminal Court over his arrest for alleged crimes against humanity. — File photo

MANILA, Philippines — The International Criminal Court (ICC) has charged former President Rodrigo Duterte with not just one but three counts of murder for his alleged role in forming a death squad that led to the brutal killing of individuals suspected of using or selling drugs and being members of drug syndicates.

In a 15-page redacted version of the Document Containing the Charges originally submitted to the Pre-Trial Chamber (PTC) 1 on July 4 but made public only on Monday, the Office of the Prosecutor (OTP) said it is holding Duterte “individually criminally responsible” as an indirect coperpetrator in the “neutralization” of unnamed drug suspects under a policy that rewarded the killings.

From the 43 incidents cited in the arrest warrant issued against him in March for the original lone count of murder, the former president was charged with making “essential contributions” to 49 incidents of drug war killings in Davao City as mayor and then as president in various areas nationwide.

Charges

Based on the document, the prosecution held Duterte criminally liable for:

•  Murder as a crime against humanity in Davao City between 2013 and 2016, while he was the mayor, citing nine incidents which resulted in 19 victims.
• Murder as a crime against humanity of “High-Value Targets” in locations across the Philippines during his term as president, between 2016 and 2017, citing five incidents which resulted in 14 victims.
• Murder and attempted murder as crimes against humanity in barangay clearance operations in different areas nationwide during his term as President between 2016 and 2018, citing 35 incidents which resulted in 45 victims (43 of whom were killed).

According to the prosecution, Duterte was individually criminally responsible for indirect co-perpetration, ordering and/or inducing, as well as aiding and abetting crimes against humanity.

READ: Sara Duterte: One country agreed to host father for interim release

‘Common Plan’

On indirect coperpetration, the prosecution asserted that Duterte and his coperpetrators shared a “Common Plan” or agreement to “neutralize” alleged criminals in the Philippines through violent crimes, including murder, between Nov. 1, 2011, and March 16, 2019.

It is alleged that he oversaw a network of police, local officials, and hired gunmen to kill suspected criminals, first through the Davao Death Squad as Davao City mayor, and later through a “National Network” as President.

The prosecution asserted that Duterte controlled the chain of command, approved operations, and compelled obedience within the Common Plan through loyalty, debts, threats, and violence, with those who defied orders even risking their own deaths.

The OTP also cited the “covert reward system” that came with the antidrug policy, with police officers getting incentives and payments ranging from P50,000 to P1 million, “depending on the level of the target.”

Victims to appeal

For Kristina Conti of the National Union of Peoples’ Lawyers, the charges submitted by the OTP against Duterte “narrows the number and category of victims who will be recognized and can participate in the case.”

“This is an obvious shortcoming of the legal process that is dispiriting for the thousands of victims of killings, illegal arrests and detentions, trumped-up charges, unlawful house raids, and other rights violations and abuses,” said Conti, who has been assisting families of drug war victims in the ICC case.

Based on government records, Duterte’s crackdown on drugs left around 6,000 suspected drug users and traders killed. But human rights watchdogs estimated the number of killings at around 30,000.

Conti said the victims would appeal to the ICC to include “more incidents and crimes” as their counsels prepare to make a “counter-proposal” of charges against Duterte.

“Proceeding with a smaller section of crimes against Duterte may be a strategy for the prosecution, but it is a disservice for the victims of the mass murders, and also of his other crimes as well,” she added.

The PTC, voting 2-1, deferred the confirmation of charges hearing originally scheduled on Sept. 23, as it continues to determine whether Duterte is fit to stand trial.