The Manila Times
(UPDATE) MANILA, Philippines — The International Criminal Court confirmed charges of crimes against humanity on former president Rodrigo Duterte on Thursday, finding substantial grounds to believe he orchestrated a deadly anti-drugs campaign that killed thousands of civilians. In a 50-page decision, Pre-Trial Chamber I ruled that Duterte, who served as president from 2016 to 2022 and previously as mayor of Davao City, bore individual criminal responsibility for murders and attempted murders committed between November 2011 and March 2019. The chamber confirmed three counts against the 81-year-old former leader, involving at least 78 victims in 49 incidents cited as illustrative examples of a far wider campaign of violence. Prosecutors say the actual scale of victimization included thousands of killings. Duterte is charged under multiple legal theories: as an indirect co-perpetrator who controlled a "common plan" to "neutralize" alleged criminals, and alternatively as having ordered, induced, or aided and abetted the killings. A 'widespread and systematic' attack The court found that Duterte, first as mayor of Davao City and later as president, led a hierarchical network that carried out a "widespread and systematic attack against the civilian population" of the Philippines. As mayor, the court said, Duterte controlled the so-called Davao Death Squad — a combination of police officers and paid hitmen who killed alleged drug pushers, thieves, and other suspected criminals. After becoming president in June 2016, he expanded the operation nationwide through what prosecutors called the "National Network." The chamber concluded that the word "neutralize" as used by Duterte and his associates meant "to kill" — despite defense arguments that it referred to lawful restraint or arrest. Essential contributions Presiding Judge Iulia Antoanella Motoc, writing for the unanimous three-judge panel, detailed how Duterte made "essential contributions" to the criminal scheme. These included designing the policy, publicly naming targets, providing weapons and resources, offering financial rewards, appointing key personnel, and shielding perpetrators from prosecution. The court cited witness testimony that Duterte personally approved killing operations in Davao City, and that law enforcement officers who failed to kill enough people faced threats and potential death. The chamber noted that Duterte's public speeches contained "clear directives and incitement to kill criminals," including promises to protect and pardon those involved in killings. It rejected defense arguments that official documents containing self-defense language negated criminal intent, finding that such references could not be assessed in isolation from the broader pattern of violence. Victim incidents Among the confirmed incidents cited in the decision: · Three alleged drug pushers killed in Davao City in 2013 · The November 2016 killings of two men in police custody at Leyte Sub-Provincial Jail · The July 2017 killings of Ozamiz City Mayor Reynaldo Parojinog Sr. and multiple others at the mayor's residence · The August 2017 killing of 17-year-old Kian Loyd Delos Santos in Caloocan City · Two attempted murders of individuals who survived being shot Fit for trial The chamber found Duterte fit to participate in proceedings despite defense requests for indefinite adjournment based on medical concerns. The former president waived his right to attend the February 2026 confirmation hearing. Duterte was surrendered to the court on March 12, 2025, following a warrant issued March 7, 2025. He has remained in detention, with appeals chambers twice confirming decisions denying his interim release. The court rejected defense arguments that the charges were overboard, finding that given the "scale of criminality" and Duterte's position "at the apex" of the operation, a broader description of charges through illustrative examples was "necessary to cover the extent of [his] alleged criminality." Duterte now faces trial before an ICC Trial Chamber. The court ordered the registrar to transmit the decision and record of proceedings to the presidency. Duterte will be the first Asian former head of state to face trial at the ICC, which prosecutes individuals for the world's worst crimes such as war crimes and crimes against humanity. The court faces the most difficult time in its 24-year history, with the United States sanctioning key judges and officials after the ICC issued arrest warrants for Israel's leader over the Gaza war. It is unclear whether the 81-year-old Duterte will attend his trial. 'Smoking gun' During the confirmation of charges hearing, his defense lawyer Nicholas Kaufman said his client "maintains his innocence absolutely." Kaufman acknowledged that Duterte's speeches were peppered with threats but told judges there was no proven link between his client's rhetoric and the alleged crimes. "There is no smoking gun in this case," Kaufman told the three-judge panel at the ICC. "Not one witness relevant to any of the 49 incidents with which Mr. Rodrigo Duterte is charged will testify that he received a direct order from the former president to go out and kill someone." Kaufman also accused prosecutors of "cherry-picking" the speeches, noting there were several examples of Duterte telling authorities to only act within the law. A lawyer for the victims, Paolina Massidda, said the loved ones of those killed "have waited years for this moment." Addressing the judges directly, Massidda said: "Today, the victims stand before you with the hope that justice long denied may finally be within reach. This court is their last refuge." In a separate procedure, the ICC Appeals Court on Wednesday confirmed the court had jurisdiction on the case, quashing a challenge from the defense.
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