Rodrigo Duterte Faces ICC Charges: Crimes Against Humanity Allegations Explained

Rodrigo Duterte Charged with Crimes Against Humanity by ICC

The Hague, Netherlands – In a historic and unprecedented move for the region, the International Criminal Court (ICC) has formally charged former Philippine President Rodrigo Duterte with three counts of crimes against humanity. The charges are connected to his "war on drugs" and his time as mayor of Davao City, making him the first former head of state from Asia to be indicted by the court. The charges were made public in a 15-page document on Monday.

Duterte, who was arrested in March by Philippine authorities acting on an ICC warrant, is currently in custody in The Hague, where the court is headquartered. His arrest and swift transfer have been described as "seismic" and a significant precedent for international justice.

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The Three Counts of Crimes Against Humanity

The ICC's case against Duterte is based on allegations of "murder as a crime against humanity" and focuses on three distinct periods of alleged killings:

• Davao City Murders (2013-2016): The first charge alleges that Duterte, as mayor, was involved in the murders of 19 individuals. Prosecutors state that these killings were carried out by a network of police officers and non-police hitmen known as the "Davao Death Squad" (DDS), which Duterte allegedly instructed to "kill the drug pushers, the snatchers and the hold-uppers."
• High-Value Target Murders (2016-2017): The second charge concerns the murders of 14 "high-value targets" across the Philippines during his presidency. The prosecution alleges that a "National Network" of law enforcement and other assets was behind these killings, with rewards reportedly offered for each target.
• "Clearance Operations" Murders (2016-2018): The third and largest count involves the deaths of 43 people, and two attempted murders, during nationwide anti-drug "clearance operations" targeting lower-level users and street pushers.

Prosecutors have stated that the 76 deaths cited in the indictment are only a sample of the much larger death toll, with human rights groups estimating thousands were killed during the "war on drugs." The charges accuse Duterte of being criminally responsible for these killings, either as an "indirect co-perpetrator" or by "ordering and inducing" them.

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Legal and Political Implications

The ICC's jurisdiction is a key point of contention. Duterte’s legal team argues that the court has no authority to prosecute him since the Philippines withdrew from the Rome Statute in 2019. However, the ICC maintains that it retains jurisdiction over crimes committed while the country was still a member, from November 2011 to March 2019. The case is now testing the limits of the court's authority over states that withdraw from its jurisdiction.

On September 8, a scheduled Confirmation of Charges hearing was postponed indefinitely. Duterte's lawyers requested the postponement, citing his reported "cognitive impairment" and arguing that he is not fit to stand trial. The court will first have to rule on his fitness before the case can proceed. His lawyers have also challenged the legality of his arrest, arguing that the Philippines' government, led by his political rival President Ferdinand "Bongbong" Marcos Jr., bypassed due process by arresting him without a formal extradition request.

The arrest and indictment have drawn mixed reactions in the Philippines. While human rights groups and victims' families see it as a long-awaited step toward justice, Duterte's supporters have widely condemned it as politically motivated. The ongoing proceedings have also highlighted the fractured political landscape in the country, with Duterte's daughter, Vice President Sara Duterte, playing a role in organizing his defense.

The outcome of this case will be a significant precedent for international law and the accountability of state leaders for human rights abuses. It will not only determine Duterte's legacy but also the power of international law to hold leaders accountable, regardless of their country's status with the court.