ICC Prosecutor: Duterte at very heart of plan to neutralize alleged criminals

International Criminal Court (ICC) Prosecutor Mame Mandiaye Niang on Monday said that former President Rodrigo Duterte played a pivotal role in the commission of the crimes with which he has been charged in connection with the killings in his war on drugs.

“His contribution was essential as he was at the very heart of the common plan to neutralize alleged criminals in the Philippines, including through murders,” Niang said during his opening statement during Duterte’s confirmation of charges hearing.

Duterte was not present for the hearing.

The ICC Office of the Prosecutor has charged Duterte with 3 counts of crimes against humanity (murder and attempted murder) while implementing his anti-narcotics campaign. 

Niang said Duterte personally identified some of the targets, provided moral and financial support, as well as logistics support.

“During the mayoral period, when he was mayor, his clearance was required for the DDS to carry out the killings. Essentially, members of the DDS needed Mr. Duterte’s green light to murder,” he said.

The prosecutor alleged that members of the DDS were given a regular salary, while financial rewards were provided to direct perpetrators in the form of cash per head for killing.
According to Niang, direct perpetrators complied with Duterte’s order and respected his authority. He cited an insider witness who said that some complied due to “blind loyalty,” some out of fear, while others were encouraged due to the promises of money and rewards.

READ: DAY IN COURT: ICC Hearings on the Charges vs. Duterte

Niang also noted two occasions wherein Duterte suspended the anti-illegal drug operations following public outcries.

“On both occasions, the number of reported killings dropped significantly during the suspension, showcasing his control. So when he asks people to act, they act. When he asks them to refrain, they do so,” he said.

“So Mr. Duterte was well aware of the authority he had over the perpetrators,” he added.  

Niang said that the killings were part of a “widespread and systematic attack” that resulted in the killings of thousands of civilians.

“Thus, the charged incidents are merely a fraction of the overall criminality that resulted from Mr. Duterte’s so-called war on drugs,” he said.

He said that the victims were “brutally murdered.”

“Unlike Mr. Duterte, who is represented by his counsel here today, they were deprived of any form of due process. The loss of every single one of these victims had the most profound impact on their families, their friends, and ultimately their communities,” he said.

Niang said that while the ICC could no longer reunite the victims with their loved ones, it could reveal the truth and “bring a sense of justice.”

For Niang, the commencement of the charges confirmation hearing is a reminder that people in power are not above the law.

Niang argued that the case should be confirmed for trial.

Duterte's camp previously argued that the ICC has no jurisdiction over the case. This was later denied by the ICC.

"The Philippines’ withdrawal from the Rome Statute became effective on 17 March 2019. When the former Prosecutor filed her request, and the Pre-trial Chamber issued its decision, more than two years later," the challenge read submitted by the Defense camp said.

"As a consequence, all procedural steps taken in the Situation and, subsequently, in the case against Mr Rodrigo Roa Duterte, lack legal foundation and should be nullified forthwith," it added.

The next hearings will be on February 24, February 26, and February 27.

Based on government records, around 6,200 drug suspects were killed during the Duterte administration's anti-drug operations. Human rights organizations, however, say that the number may reach 30,000 due to the unreported related killings. –NB, GMA Integrated News