Trial of the century

The trial of the century is on.

My view: former Philippine president Rodrigo Roa Duterte (PRRD) will be tried by a regular court of the International Criminal Court (ICC) in The Hague, Netherlands, 11,000 kms or 24 hours by plane from Manila.

PRRD is accused before the ICC of the crime against humanity of murder. He is supposed to have killed between 6,000 (the Philippine National Police figure) and 30,000 (human rights groups’ claim) during his time, as Davao City mayor, Nov. 1, 2011 to June 30, 2016, and six years as president, June 30, 2016 to June 30, 2022.

The ICC case covers murders committed between 2011 and 2019, the years when the Philippines was a member of the Rome Statute treaty which established the ICC on July 17, 1998. The Philippines ratified the statute on Nov. 1, 2011, joining 125 countries which believe that crimes against humanity, genocide and war crimes must be punished.

As president, Duterte left the Rome Statute, effective March 16, 2019. ICC thus has jurisdiction for crimes he allegedly committed between Nov. 1, 2011 and March 19, 2019, coincidentally the height of Duterte’s war on drugs.

The ICC had Duterte arrested on March 11, 2025 on his return flight to Manila from Hong Kong. He underwent medical examination in The Hague and was determined fit to take part in the pre-trial. Duterte, 81, waived his right to appear in the pre-trial. The Pre-Trial Chamber denied his request for interim release, a bad sign because it could mean Duterte would disappear in Davao, if released, or the case against him is strong.

PRRD’s case of murders is before a three-woman judge Pre-trial Chamber of the ICC. The pre-trial court’s pre-confirmation hearing wants to determine “substantial grounds” that indeed PRRD committed the murders alleged.

With “sufficient evidence,” the prosecution needs to prove only the murder of 76 victims to prove the case of the crime against humanity of murder.

“If the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial. The Chamber will issue its decision on the confirmation of charges within 60 days after the confirmation hearing,” says the ICC.

A crime against humanity must be planned, systematic, widespread and perpetrated against a civilian population, with intent and knowledge of the perpetrators as proven by their conduct, the consequences of their action and the circumstances of the crime.

At the confirmation hearings of the first two days, Feb. 23 and 24, prosecution lawyers sought to provide sufficient evidence for those elements.

As mayor, Duterte waged a war on drugs. Hundreds were killed, by the police and by non-police elements paid to do the job. The war on drugs was replicated, with great success, nationwide.

The prosecution alleges: “From around 1988, in Davao City, when Duterte was elected mayor, he began organizing groups of police officers and non-police ‘hitmen’ into what became known as the Davao Death Squads (‘DDS’). He instructed DDS members that their mission was to kill criminals, including drug dealers, and provided clearance for specific DDS killings. Duterte recruited, paid and rewarded DDS members, provided them with the necessary weapons and resources and promised to shield them from prosecution. The DDS operated in Davao City from 1988 onwards, including continuously through 2011 to 2016.”

While campaigning for president in 2016, Duterte vowed to replicate the Davao model, nationwide.

Duterte “and his co-perpetrators immediately took steps to target suspected criminals following his election and 30 June 2016 inauguration, including by implementing a formal anti-illegal drugs campaign. Under the auspices of this campaign, Duterte and his co-perpetrators targeted not only individuals suspected to be involved in drug-related crime, but also other crimes. They established a network of perpetrators, comprising law enforcement officers (including personnel from the PNP, the PDEA and the NBI), non-police assets and hitmen (together, ‘the National Network’), to operate in a similar manner to the DDS in conducting operations to kill alleged criminals. To facilitate these killings, the perpetrators committed other crimes, such as rape and torture, to force targets to ‘confess’ to their alleged criminality. Some killings were staged to appear as though the police had to use lethal force in self-defense against the alleged suspect, to cover up the criminal nature of the killings. Some operations, which were conducted in a broad and violent fashion, targeted not only the alleged criminals, but also family members and other individuals who happened to be in the vicinity and were killed in the attack.”

“Duterte made essential contributions to the Common Plan and to the commission of crimes by: (1) designing and disseminating the policy to attack alleged criminals, as well as acting as its public face; (2) establishing and overseeing the DDS; (3) supporting the launch of the Command Memorandum Circular No. 16-2016 (‘CMC No. 16-2016’ which formally initiated a national anti-illegal drugs campaign) and reinforcing the underlying message that its implementation entailed the commission of crimes, which were sanctioned by the State; (4) facilitating the crimes through the provision of personnel and other necessary logistical resources such as weapons; (5) appointing key personnel (including some of his co-perpetrators) to positions which were crucial to the execution of the Common Plan; (6) creating a system in which perpetrators knew they would be protected from accountability for their crimes; (7) making public statements authorizing, condoning and promoting killings; (8) offering financial and other rewards for the killings, which were in fact paid to certain police and non-police perpetrators via a covert financial reward system and (9) authorizing State actors to join or leave the formal anti-drugs campaign.”

“Duterte intended to commit the crimes and was aware of the factual circumstances that allowed him – together with his co-perpetrators – to jointly control the members of the DDS and National Network, who physically perpetrated the crimes,” says the prosecution.

The way things are going on at the Pre-Trial confirmation of charges, Duterte will be formally tried. And convicted.

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