Tokyo: The drug war in the Philippines under former president Rodrigo R. Duterte was 'widespread and systematic,' prosecutors alleged Tuesday before the International Criminal Court (ICC) in The Hague, the Netherlands. In the submission of merits to the crime, ICC prosecution and trial lawyer Robynne Croft made a case that there was an 'attack against civilian population.'
According to Philippines News Agency, Croft argued that the attack was carried out as a 'state policy' to neutralize alleged criminals through violent crimes, including murder, effectively establishing the elements of crimes against humanity. The prosecution claimed that Duterte and his alleged co-perpetrators expanded their push to eradicate individuals perceived to be involved in drug-related crimes nationwide, using a 'national network.' This network reportedly included state actors such as law enforcement personnel, as well as non-police assets and hitmen.
The prosecution presented to the Pre-Trial Chamber I a map indicating the location of the killings, including 76 murders contained in Counts 1 to 3 of the charges, which Croft said satisfy the threshold of multiple acts making up the act of 'widespread and systematic attack.' Croft noted that the prosecution relied on a range of evidence, including data sets, statements of insider witnesses, expert analysis, and admissions of Philippine state agencies.
Between 2012 and 2015, when Duterte was mayor, Croft said at least 274 extrajudicial killings in Davao City were recorded, based on data obtained from public reporting alone. This figure is likely higher as one witness, supposedly belonging to the Davao Death Squad (DDS), claimed that between 1,500 and 2,000 extrajudicial killing victims were buried in the Laud Quarry in Davao City, one of several places where bodies were allegedly dumped.
Throughout Duterte's presidency, from June 2016 to June 2022, Croft said the attack expanded nationwide, with 'the hundreds killed during the mayoral period becoming thousands.' She cited an independent organization, which recorded at least 5,823 anti-drug killings during the presidential period. 'The data show that the attack during the presidential period was widespread . It occurred across the country. It occurred over multiple years, and thousands of civilians were killed,' she said.
The prosecution stated that Duterte is "individually criminally responsible" as an indirect co-perpetrator for three counts of crimes against humanity: murders in or around Davao City by the DDS during the mayoral period, murders of high-value targets during the presidential period, and murders and attempted murders in village clearance operations during the presidential period.
In the first session, the prosecution said victims were identified by state actors as targets, with high-value targets often listed on the so-called PRRD (President Rodrigo R. Duterte) list. Targets of community clearance operations were often listed on local drug lists, such as local police station lists. Croft added that these operations were often legitimized by staging 'nanlaban' (fight back) scenarios to make it appear that the killing was a result of self-defense.
Among the prominent deaths cited were those of Albuera, Leyte Mayor Rolando Espinosa Sr. in November 2016; Ozamiz City Mayor Reynaldo Parojinog in July 2017; and 17-year-old Kian Delos Santos in August 2017. The prosecution played several clippings of Duterte's past speeches, driving its argument that 'there was a policy to neutralize alleged criminals by violent means, including murder.'
Croft stated that Duterte made 'essential contributions' to the crimes within the 'common plan' framework by offering financial rewards and promotions for killing, maintaining a system of impunity, and authorizing, condoning, and encouraging killings through public statements, among others. She also mentioned several Filipino figures named as Duterte's co-perpetrators, including then Philippine National Police chief and now Senator Ronald Dela Rosa, and former Justice secretary Vitaliano Aguirre II.
A video of Dela Rosa addressing a crowd of self-confessed drug addicts in Bacolod City was presented, where he urged them to kill drug lords. Another video of Aguirre was shown, presenting a choice whether to build a prison first or go against people linked to drug-related crimes, later saying, 'if you're in the Philippines, we will choose to kill these drug lords.' 'These speeches of co-perpetrators show both the scope of the Common Plan and those co-perpetrators' agreement to it,' Croft said.
The sessions concluded with the victim's counsel, Gilbert Andres, stating that the proceedings serve as a "first step towards the truth and towards justice" for the families of the victims. "The victims pray that this chamber confirms the charges for crimes against humanity for murder against Duterte," he said. The third day of Duterte's confirmation hearing will resume on Feb. 26.
