International criminal court prosecutors have charged the former president of the Philippines Rodrigo Duterte with three counts of crimes against humanity over bloody campaigns carried out during his “war on drugs”.
A charge sheet, dated 4 July but made public on Monday, laid out accusations against the 80-year-old former leader, who has been in ICC detention in The Hague since March.
The prosecutors accuse Duterte of designing and disseminating a policy to “neutralise” alleged criminals during his term as the mayor of Davao City, in the southern Philippines, and later during his term as president, alleging he inducted hitmen to a death squad and provided weapons, incentives and immunity for killings.
The charge sheet refers specifically to 76 murders between 1 November 2011 and 16 March 2019, though prosecutors say: “The actual scale of victimisation during the charged period was significantly greater, as reflected in the widespread nature of the attack.”
They allege: “The attack included thousands of killings, which were perpetrated consistently throughout the charged period.”
Duterte said after his arrest that he would accept responsibility for the crackdowns. Last year, he told a senate inquiry into the killings that he offered “no apologies, no excuses” for his policies, saying: “I did what I had to do, and whether you believe it or not, I did it for my country.”
The three counts of crimes against humanity relate to Duterte’s alleged involvement as a co-perpetrator in 19 murders carried out during his term as the mayor of Davao City, between 2013 and 2016, while the second count relates to 14 murders of “high value targets” in 2016 and 2017 when he was president. The third charge concerns 43 murders committed during “clearance” operations of lower-level alleged drug users or dealers, according to court documents, significant portions of which are redacted.
Prosecutors allege that Duterte first introduced a plan to “neutralise” criminals when he was the mayor of Davao City, later implementing the same policy at a national level after he was appointed president in 2016.
As the mayor, Duterte personally inducted hitmen into an infamous group known as the Davao death squad, and “christened” this group by spraying its members with a bottle of wine and distributing guns from a basket to each, it is alleged.
Individuals whom Duterte and co-perpetrators believed they could trust and control were recruited to the group, including some who owed a debt to Duterte or the police, said the prosecutors. “Those who did not follow orders risked being killed and were disposed of when perceived as opposing or posing a threat.”
Duterte’s approval was required for its members to conduct killings in Davao City, it is alleged, while he provided the Davao death squad with “the necessary logistical supplies to perpetrate killings, such as firearms, ammunition, vehicles, safe houses, gasoline and communications equipment”.
After he became the president, Duterte appointed individuals from Davao City to high-level national positions to continue the policy nationwide and establish a network of perpetrators including state actors such as law enforcement officers, non-police assets and hitmen, the court documents say.
The documents cite numerous statements by Duterte during his presidential campaign in which he pledged to “neutralise” criminals, including his remarks that the number of criminal suspects killed “will become 100,000”, and the fish in Manila Bay would “become fat, because that’s where I will throw you”.
As president, Duterte publicly offered financial incentives for killings, and promised to protect police officers from legal charges for killings.
Duterte was due to appear at the ICC this week to hear the accusations against him. However, the sitting was postponed as the court is considering whether he is fit to do so. His lawyer, Nicholas Kaufman, has called for all legal proceedings to be adjourned indefinitely, saying Duterte is not fit to stand trial due to “cognitive impairment in multiple domains”.
