ICC chamber believes Duterte responsible for murder

The International Criminal Court's pre-trial chamber looking into the case of former President Rodrigo Duterte found reasonable grounds to believe he was "individually responsible for the crimes against humanity of murder" in connection with the killings blamed on his war on drugs.

According to the warrant of arrest on Duterte, the pre-trial also said there was "no reasonable expectation" that he would cooperate with the pre-trial chamber.

"Taking into account the totality of the information before it, the Chamber finds reasonable grounds to believe that Mr. Duterte is individually responsible for the crime against humanity of murder as an indirect co-perpetrator within the meaning of Article 25 (3)(a) of the Statute, committed during the relevant period," read the document tagged "secret."

"After evaluating the information submitted by the prosecution, the Chamber accepts that there is no reasonable expectation that he would cooperate with a summons to appear issued by the Court. The chamber observes that Mr. Duterte, even though no longer the President of the Philippines appears to continue to wield considerable power," it added.

'Anong kasalanan ko?'

Duterte in a speech in Hong Kong on Sunday said his actions when he was president were meant to ensure peace and order in the country.

"Ano man ang kasalanan ko, ginawa ko ‘yun para magkaroon ng konting katahimikan at mapayapa ang buhay ng Pilipino," he added.

(Whatever my sins may be, I did them to bring some peace and security to the Filipino people.)

Former chief presidential legal counsel Atty. Salvador Panelo said Tuesday the arrest of former President Rodrigo Duterte was unlawful.

In a statement, Panelo said the Philippine National Police did not allow one of Duterte’s lawyers to meet him at the airport and to question the legal basis for Duterte’s arrest.

“He was deprived of legal representation at the time of his arrest. The PNP could not have a hard copy [of] the warrant arrest. By not allowing one of his lawyers to meet him, the arresting [officer] could avoid being asked if they have the hard copy of the arrest warrant,” Panelo said.

“It is an illegal arrest because the ICC arrest warrant comes from a spurious source, the ICC, which has no jurisdiction over the Philippines,” he added.

The ICC chamber said the arrest warrant was issued to ensure his appearance before the court.

'Multiple acts vs. civilians'

"On the basis of material provided and that the Davao Death Squad members and the Philippine law enforcement personnel targetted a very large number of persons allegedly involved in criminal activities, in particular drug-related ones, the Chamber finds that there was a course of conduct involving the commission of multiple acts against the civilian population on the territory of the Philippines,” the arrest warrant stated. 

“These violent acts were initially committed by the DDS and subsequently by different governmental authorities and organs, pursuant to a policy aiming at putting an end to the criminality in the Philippines by all means, including killings of alleged criminals,” it added

The ICC chamber said that it had reasonable grounds to believe that murders were committed in the cases of killings of at least 19 alleged drug pushers or thieves by DDS members in or around Davao City and those of at least 24 alleged criminals by Philippine authorities. 

In 2019 during the Duterte presidency, the Philippines withdrew from the Rome Statute or the treaty that established the ICC, after the tribunal started a probe into his controversial drug war.

However, the ICC said it “retains jurisdiction with respect to alleged crimes that occurred on the territory of the Philippines while it was a State Party, from 1 November 2011 up to and including 16 March 2019."

Duterte is under the custody of authorities after getting arrested upon his arrival at Ninoy International Airport from Hong Kong.  

Duterte had stood firm on not apologizing for his administration's war on drugs as he said he takes “full, legal responsibility” on the matter.  –with a report from Celine Serquiña/NB, GMA Integrated News