DAVAO CITY, Philippines – The International Criminal Court (ICC) released on September 22 the details of the charges against former President Rodrigo Duterte. This includes three counts of crimes against humanity alleging his involvement in 76 killings committed during his “war on drugs” campaign.
In a 15-page charge sheet presented by ICC Deputy Prosecutor Mae Mandiaye Niang, the former president is charged with the following counts:
1. The 19 murders committed between 2013 and 2016 committed during his term as Davao City mayor, which are associated to the Davao Death Squad (DDS);
2. The killings nationwide of so-called 14 “high value targets” between 2016 and 2017 when Duterte was president;
3. The killings of 43 persons during “clearance” operations against drug users or pushers between 2016 and 2018.
The prosecution said that while 76 incidents are presented in the charge sheet, they represent a small percent of thousands killed, where human rights groups said ranged from 7,000 to 20,000.
“The scope of the killings and the premeditated manner in which they were carried out confirm the crimes weren’t isolated and weren’t random,” the prosecution said.
The prosecutors allege that Duterte did not only condone the killings but also “ordered, induced, and aided” the killings. They point out that Duterte’s own public statements and policy decisions were part of the evidence aside from testimonies of witnesses.
They point out that these killings were “committed as part of a widespread and systematic attack against a civilian population”.
The presentation of these charges was set for September 23, but the ICC postponed the date after Duterte’s lawyer Nicolas Kaufman appealed that the former president seems “unfit to stand trial”.
ICC assisting counsel Kristina Conti, who represents families of victims of Duterte’s drug war, explained that the narrow scope of the case set by the prosecution was “despiriting” for the families, many of whom want to testify or take part in the ICC process.
“Proceeding with a smaller section of crimes against Duterte may be a strategy for the prosecution, but it is a disservice for the victims of the mass murders, and also of his other crimes as well. Victims will certainly appeal for the inclusion of more incidents and other crimes; lawyers are preparing for the confirmation hearing with this as a major counter-proposal to the proposal of the prosecution,” she said in a statement signed jointly by Rise Up and the National Union of Peoples’ Lawyers.
Conti added that the late disclosure of the charges, which was actually presented as early as July is “disappointing” considering that victims have applied to participate in the hearings since August.
But Conti noted this is still a positive step to hold Duterte accountable for the killings, calling it “the most comprehensive, evidence-based public document that lays down the narrative of killings committed in the “war on drugs””.
She added another significant part of the document revealed personalities in Duterte’s government, including former police chief Senator Ronald dela Rosa and former Justice Secretary Vitaliano Aguirre, had a hand in the formation of the death squads.
Meanwhile, pro and anti-Duterte supporters staged different rallies in The Hague in the past few days. The pro-Duterte group held a program on the Martial Law commemoration on September 22 (Philippine time).
The human rights coalition Duterte Panagutin Europe held their rally on September 23 as they urged the ICC to push through the confirmation hearing this year. (davaotoday.com)
