Rodrigo Duterte, on Tuesday, March 11, became the first former Philippine head of state to be arrested by an international tribunal following a warrant issued by the International Criminal Court (ICC).
The ICC tapped the Interpol for the execution of the warrant, which was acknowledged by local authorities. The Philippine government had earlier said it would not cooperate with the court, but is mandated to work with the Interpol because it is a standing member state.
Duterte was ordered arrested by all-women judges of the Pre-Trial Chamber I – Presiding Judge Iulia Antoanella Motoc, and Judges Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera.
Prosecutor Karim Khan requested the issuance of the warrant on February 10, for the alleged crimes that happened between November 1, 2011 to March 16, 2019. This period covered the time when the Philippines was still part of the ICC, and when Duterte was Davao mayor then president in 2016.
So what are the contents of Duterte’s warrant? What are the grounds that Khan mentioned in his application for a warrant that convinced the judges?
Duterte used DDS, law enforcement for kill orders
In the warrant issued by the ICC’s Pre-Trial Chamber I dated March 7, the all-women judges explained that article 58 (1) of the Rome Statute says that a warrant may only be issued upon the request of the prosecutor, if there are “reasonable grounds” to believe that the person has committed a crime under the ICC jurisdiction.
The chamber said that based on the prosecutor’s findings, the allegations met the standards required by the court.
As to Duterte’s individual criminal responsibility, the court noted when the alleged crimes were committed, Duterte was the founder and head of the Davao Death Squad (DDS), the mayor of Davao City, and the Philippine president. The chamber said Duterte “used the direct perpetrators of the crimes as tools to commit the crimes.”
“Taking into account the totality of the information before it, the Chamber finds reasonable grounds to believe that Mr Duterte is individually responsible for the crime against humanity of murder (article 7(1 (a) of the Statute) as an indirect co-perpetrator within the meaning of article 25(3)(a) of the Statute,” the warrant read.
As DDS head, the chamber said Duterte had control over this group, and as mayor, he also had control over the local police. DDS members automatically complied with directions, even those that were merely implied, the warrant added. As president, the ICC also noted that Duterte had control over offices, including the Philippine National Police (PNP), the National Bureau of Investigation, and the Philippine Drug Enforcement Agency.
“He [Duterte] had the power to appoint key law enforcement officials and create the National Network, which killed those identified as alleged criminals and shielded perpetrators from being held accountable for their crimes,” the chamber said. “He also had the authority and the ability to suspend the operations temporarily and to reassign the operations to another government agency and has done so in response to public outcry.”
The chamber also said that Duterte appointed “co-perpetrators from Davao City to high-level national positions and subordinates who had been involved in the killings in Davao to other parts of the country.”
Rappler had earlier reported how Duterte rewarded his allies with high-ranking positions, like PNP-chief-turned-senator Ronald dela Rosa and former Philippine Charity Sweepstakes Office head Royina Garma. Garma later turned her back against Duterte and confirmed the alleged kill orders and rewards.
Duterte also made “essential contributions” to the crimes by committing the following, according to the chamber:
- Designing and disseminating a project that targeted criminals during his presidency to achieve the “Double Barrel” – the government’s program to supposedly eliminate drugs
- Establishing the DDS, and authorizing violent acts against suspected criminals, including drug dealers and users
- Appointing key personnel to positions crucial in executing crimes
- Giving financial incentives and promotions to police officers and “hitmen”
- “Making public statements authorising, condoning and promoting killings and dehumanizing alleged criminals as the Mayor of Davao City and the President of the Philippines, including publicly naming suspects, some of whom were subsequently killed in police operations.”
The victims
The court explained that it found “reasonable grounds” to believe that people allegedly involved in various criminal activities, including drug-related crimes, were murdered. The warrant cited the following incidents:
- 19 alleged drug pushers and thieves killed by the members of Davao Death Squad (DDS) in Davao City.
- 24 alleged criminals (drug pushers and users, thieves) were killed by members of law enforcement, “sometimes with the assistance of persons who were not part of the police, at various locations in the Philippines.”
“In light of the above findings, the Chamber considers that there are reasonable grounds to believe that the elements of the crimes against humanity of murder pursuant to article 7(1)(a) of the Statute are met and that the crime was committed in the territory of the Philippines during the Relevant Period,” the warrant read.
In addition, the chamber also issued the warrant to ensure Duterte’s appearance before the ICC. After evaluating the prosecution’s evidence, the court said that “there is no reasonable expectation that he [Duterte] would cooperate with a summons to appear issued by the Court.”
The chamber added that even though Duterte was no longer president, he “appears to continue to wield considerable power.”
On jurisdiction
Again, the chamber reiterated that the case against Duterte falls under the ICC jurisdiction. The court said it was satisfied that the incidents mentioned in the prosecutor’s application for the warrant amounted to crimes against humanity and had been committed by Duterte, a Filipino.
In addition, the chamber said that although the Philippines withdrew from the Rome Statute effective on March 17, 2019, the ICC retained its jurisdiction because the alleged crimes happened from November 1, 2011 to March 16, 2019.
“It further recalls that ‘[t]he Court’s jurisdiction and mandate is exercised in accordance with the provisions of the Statute, an international treaty to which the Philippines was a party at the time of the alleged crimes for which the investigation was authorized,” the chamber explained.
“By ratifying the Statute, the Philippines explicitly accepted the jurisdiction of the Court, within the limits mandated by the treaty. These provisions and the ensuing obligations remain applicable, notwithstanding the Philippines’ withdrawal from the Statute,” it added. – Rappler.com