The Hague – Former Philippine President Rodrigo Duterte’s defence team argued before the International Criminal Court (ICC) this week that there is no proven link between his public speeches and the thousands of deaths that occurred during his administration’s “war on drugs.” The proceedings, which began Monday, are determining whether there is enough evidence to proceed to a full trial against Duterte for alleged crimes against humanity.
Prosecutors allege Duterte was involved in at least 76 murders and have charged him with three counts of crimes against humanity, stemming from the period between November 1, 2011, and March 16, 2019. The campaign, initiated when Duterte was mayor of Davao City and continuing throughout his six-year presidency, resulted in the extrajudicial killings of tens of thousands of people accused of involvement in the drug trade, according to human rights groups. The ICC’s Pre-Trial Chamber I found “reasonable grounds” to believe Duterte is individually responsible as an indirect co-perpetrator for the crime against humanity of murder according to the ICC.
Duterte’s Defence: Speech Does Not Equal Command
The core of the defence’s argument centers on establishing a lack of direct connection between Duterte’s rhetoric – which included calls for the killing of drug addicts – and the actual commission of the killings. Defence lawyers contend that his statements were not orders or incitement to violence, but rather expressions of policy and frustration with the drug problem. They are attempting to demonstrate that the killings were not a result of a coordinated state policy directed by Duterte, but rather the actions of rogue police officers, and vigilantes.
According to reporting from France 24, the defence team is challenging the prosecution’s assertion that Duterte’s speeches created a climate of impunity that led to the widespread killings. They argue that the prosecution has not presented sufficient evidence to prove a causal link between his words and the actions of those carrying out the killings.
Prosecution Alleges ‘Systematic’ Killings
The prosecution, however, maintains that the killings were part of a “systematic” pattern of violence orchestrated by Duterte and his administration. Prosecutors presented arguments on Monday, asserting that Duterte’s “war on drugs” resulted in the deaths of thousands of civilians, including children. The Philippine News Agency reported that prosecutor Mame Niang called for Duterte to be held accountable, stating the proceedings serve as “a reminder that those in power are not above the law.”
The prosecution’s case relies heavily on witness testimony and documentation of alleged extrajudicial killings. They aim to demonstrate that the killings were not isolated incidents, but rather a deliberate and coordinated effort to eliminate suspected drug offenders. The Guardian reported that the prosecution presented evidence suggesting Duterte was at the “very heart” of the murderous drug crackdowns .
Defining Crimes Against Humanity: A Point of Contention
The legal definition of crimes against humanity is likewise a key point of contention in the proceedings. An international law expert, as reported by Rappler, has argued that some interpretations used by the prosecution are “not being accurate” in defining the targets of these crimes . This debate centers on whether the victims of the drug war killings meet the threshold for being considered part of a widespread or systematic attack against a civilian population, a necessary element for establishing crimes against humanity.
Duterte’s Absence and ICC Jurisdiction
Duterte, 80, has waived his right to be present at the hearings, stating he does not recognize the ICC’s authority. He maintains his innocence through his legal counsel. The Philippines withdrew from the ICC in 2019, but the court retains jurisdiction over crimes committed whereas the country was a member. This jurisdictional issue has been a source of ongoing debate and legal challenges.
The ICC has faced challenges regarding redactions in the live broadcast of the hearings, citing the need to protect confidential information as reported by Inquirer.net.
Next Steps in the Case
The hearings are scheduled to continue for four days, after which the ICC judges will deliberate and decide whether there is sufficient evidence to proceed to a full trial. The outcome of this preliminary examination will have significant implications for Duterte and for international efforts to hold leaders accountable for alleged crimes against humanity. The court is expected to announce its decision in the coming months.
This is a developing story. Readers seeking further information can follow updates on the ICC website.
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