ICC confirms charges against Rodrigo Duterte, commits ex-President to trial

The International Criminal Court on Thursday confirmed the charges of crimes against humanity against former President Rodrigo Duterte in connection with the killings in his war on drugs when he was mayor of Davao City and when he was President.

In a 50-page document, the ICC Pre-Trial Chamber I committed Duterte to face trial on the charges as confirmed, and ordered the court registrar to transmit the decision confirmation of charges and the record of these proceedings.

The confirmed charges are the following:

• Count 1: Murder as a crime against humanity in Davao City during the mayoral period of at least the 19 victims, between 2013 and around June 2016, through indirect co-perpetration, ordering and/or inducing, and/or aiding and abetting;
• Count 2: Murder as a crime against humanity of ‘high-value targets’ in locations across the Philippines during the presidential period of at least the 14 victims between around July 2016 and July 2017, through indirect co-perpetration, and/or ordering and/or inducing and/or 25(3)(c) (aiding and abetting); and 
• Count 3: Murder and attempted murder as crimes against humanity in barangay clearance operations in locations across the Philippines during the presidential period of at least the 45 victims (43 murders and two attempted murders) between around July 2016 and September 2018, through indirect co-perpetration, ordering and/or inducing, and/or aiding and abetting.

“The Chamber finds that there are substantial grounds to believe that Mr. Duterte is criminally responsible for the crimes charged in Counts 1-3 as an indirect co-perpetrator, and/or for ordering and/or inducing, and/or for aiding and abetting the commission of the crimes,” the pre-trial chamber said.

The decision was signed by Presiding Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini Gansou, and Judge María del Socorro Flores Liera.

“The available evidentiary material shows the existence of a common plan between Mr. Duterte and his co-perpetrators to kill alleged criminals in the Philippines, including those perceived or alleged to be associated with drug use, sale or production, through violent crimes including murder,” the chamber said.

What’s next?

According to the ICC, the Presidency will constitute a Trial Chamber for the subsequent phase of the proceedings, composed of three judges other than those who were on the Pre-Trial bench.

After it is constituted, the Trial Chamber will hold conferences, confer with the parties to set the date for the commencement of the trial, and adopt the necessary procedures.

Earlier, ICC-accredited counsel Gilbert Andres, one of the common legal representatives for the victims, said there will be a preparation stage that may last from six months to one and a half years.

"Kung six months from April 30, that's October. Kung 1.5 years from… April 30, eh 'yan po ay October of next year," he said.

(If it's six months from April 30, that's October. But if it's 1.5 years from April 30, that is October of next year.)

READ: ICC prosecutor names Duterte’s co-perpetrators in court

The pre-trial chamber based its decision on the evidence presented during the confirmation of charges hearing held from February 23 to 27, and on the submissions and documents of the parties and participants, including participating victims.

The tribunal concluded that there were substantial grounds to believe that Duterte is responsible for the crimes against humanity of murder and attempted murder, allegedly committed as part of a widespread and systematic attack against civilians in the Philippines, from November 2011 to 16 March 2019, in the context of the “war on drugs."

Based on the court records, Duterte and several other individuals allegedly shared a common plan or agreement to ‘neutralize’ alleged criminals in the Philippines (including those perceived or alleged to be associated with drug use, sale, or production) through violent crimes, including murder.

The chamber cited Duterte’s remark before the Senate in October 2024 that he had an organized death squad in Davao City, as well as other statements.

It said that evidence showed that when he became president, Duterte and his co-perpetrators extended the scope of their common plan nationwide.

According to the chamber, some of Duterte’s co-perpetrators stated that they would implement a scaled-up version of the “Davao model.” 

“The evidence mentioned above and the similarity of patterns and modus operandi surrounding the commission of the crimes further demonstrate that Mr. Duterte and his co-perpetrators' actions were deliberate, planned, and coordinated,” it said.

It also said that evidence showed that Duterte’s co-perpetrators used their authority over direct perpetrators to ensure the commission of the crime. 

The chamber clarified that references to Duterte’s alleged co-perpetrators are limited to determining his individual criminal responsibility.

According to the ICC, evidence demonstrated that Duterte established and oversaw the DDS, that he provided personnel and logistical resources to further the commission of crimes, and that evidentiary materials indicated his control over the execution of the policy.

Meanwhile, in its ruling, the chamber said the evidence showed that the attack was systematic.

“It occurred pursuant to the State or organisational policy addressed below, further to a hierarchical structure, which Mr. Duterte headed, and the features of the killings generally followed a similar pattern,” it said.

It said the pattern included Duterte and his alleged co-perpetrators identifying victims as alleged drug users or criminals; the identity or whereabouts of victims being provided to the direct perpetrators; the direct perpetrators targeting the victims; and them being paid after the act.

“The attack was therefore organised, planned, and executed in a coordinated manner, sufficiently supporting the existence of the systematic nature of the attack to the requisite standard,” it said.

The chamber said that the prosecution relied on the speeches of the former president and his alleged co-perpetrators, as well as official documents, regarding the existence of a “common plan.”

It said that such declaratory language cannot be assessed in isolation and must be interpreted in light of all relevant factual circumstances, the broader pattern of conduct established by evidence, and the suspect’s knowledge.

Meanwhile, the chamber also noted Duterte’s references to self-defense.

“At times, these speeches trivialized the distinction between lawful self-defence and unlawful killing by expressly stating that individuals should be killed irrespective of whether they posed a threat,” it said.

“Therefore, the Chamber considers that, when considered in light of the broader factual and evidentiary context, such references to self-defense and lawful conduct do not undermine the factual allegations put forward by the Prosecution,” it added.

Aside from this, the Chamber found that there is sufficient evidence to establish that “neutralize” meant “to kill” in the context of the case.

Duterte’s camp previously argued that the term means to arrest and denotes “lawful restraint.”

“The word ‘neutralise’ was used and understood by those involved in the operations to mean to ‘kill’,” it said.

“The evidence shows that this policy was developed by Mr. Duterte in Davao City and implemented as an organisational policy of the DDS during the Mayoral Period and that it was subsequently expanded to the Philippines to become a state policy in the presidential period,” it added.

Meanwhile, the Chamber said it could not accept the argument of the defense that the civilian population was not defined with sufficient precision.

“For all of the above reasons, the Chamber is satisfied that the contextual elements of the crimes against humanity with which Mr Duterte is charged are established to the relevant standard,” it said. –NB, GMA News