Duterte co-perpetrators not part of ICC case, must be charged separately — UP law prof

Even though the alleged co-perpetrators of former President Rodrigo Duterte were repeatedly mentioned in connection to alleged killings during his time as mayor and president, an expert said Friday that they are not part of Duterte’s case before the International Criminal Court (ICC) and must be charged separately.

UP Law Assistant Professor Michael Tiu Jr. said that the discussion on the alleged co-perpetrators was only to assess Duterte’s own liability. 

“So the investigation into the others might still be ongoing. But it looks like they have enough for possible warrants,” Tiu, head of the International Criminal Law Program of the UP Institute of International Legal Studies, told GMA News Online.

In its ruling confirming the charges against Duterte, the ICC Pre-Trial Chamber I found that available evidence showed the existence of a common plan between Duterte and his co-perpetrators to kill alleged criminals in the country.

The chamber stated that its assessment of their roles must not be interpreted as a determination of criminal responsibility.

When asked about the process, Tiu said the ICC Prosecutors must file a separate Document Containing the Charges (DCC) for each co-perpetrator for them to face charges before the ICC, similar to the former president.

“[It] is the next logical step but they will make priorities,” he said. 

“So probably not all of them,” he added.

When asked whom he believes the ICC Prosecution will prioritize, Tiu did not discount that the prosecution may charge all alleged co-perpetrators, but added that it may be the “implementing generals or PNP leadership.”

Following this, they would have to be arrested and surrendered to the ICC, according to Tiu.

In the DCC against Duterte, the ICC Prosecution named his alleged co-perpetrators in alleged killings.

These individuals were former Philippine National Police (PNP) chief and now Senator Ronald “Bato” Dela Rosa, former PNP chief of counterintelligence Vicente Danao, former PNP operations chief Camilo Cascolan, former National Capital Region Police Office (NCRPO) regional director Oscar Albayalde, then Special Assistant to the President (SAP) and now Senator Christopher Lawrence “Bong” Go, former National Bureau of Investigation (NBI) Director Dante Gierran, lawyer and ex-Justice Secretary Vitaliano Aguirre II, and former Philippine Drug Enforcement Agency (PDEA) chief Isidro Lapeña.

According to the prosecution, Duterte had a “Davao model” during his term as mayor of the city, which had a “hierarchal, pyramid-like” structure where Duterte sat at the top.

When he became president, the Prosecution said one of the first things Duterte did was to appoint his co-perpetrators from Davao to national positions in the government and law enforcement.

The prosecution said his co-perpetrators “controlled the executive.”

ICC assistant to counsel Kristina Conti previously said that being named as a co-perpetrator does not mean an automatic arrest. She said it is up to the ICC Prosecutors to seek the arrest of Duterte’s supposed co-perpetrators.

On Thursday, the Pre-Trial Chamber confirmed Duterte’s charges and committed him for trial. It ordered the court registrar to transmit the decision confirmation of charges and the record of these proceedings.

“I expected it. The prosecution was able to meet the burden of sufficient evidence to establish substantial grounds,” Tiu said.

“The defense put forth strong arguments so we will hear that again at trial where the threshold is now guilt beyond reasonable doubt,” he added.

The trial may begin between October 2026 and February 2027, according to Conti. — RSJ, GMA News