International Criminal Court investigation in the Philippines

Last updated

Situation in the Republic of the Philippines
International Criminal Court logo.svg
The seal of the International Criminal Court
File no.ICC-01/21
Date openedJuly 15, 2021 (2021-07-15)
Incident(s) Philippine drug war
Crimes Crimes against humanity:
· Murder
· Torture
· Rape
Status of suspect
Rodrigo Duterte In custody; case in pre-trial stage
Website: https://www.icc-cpi.int/philippines

The International Criminal Court investigation in the Philippines, or the situation in the Republic of the Philippines, is an ongoing investigation by the International Criminal Court (ICC) into alleged crimes against humanity committed during the Philippine drug war.

Contents

The Philippines announced its intention to withdraw from the Rome Statute on March 14, 2018, about a month after the ICC launched a preliminary investigation into the situation in the country. The withdrawal was finalized a year later, on March 16, 2019. Since the Philippines is no longer a state party to the Rome Statute, the investigation will only cover the period when the treaty was in force in the country—between November 1, 2011, and March 16, 2019. The Supreme Court of the Philippines, in a 2021 ruling, commented on the withdrawal and stated that the Philippines still has an obligation to cooperate in the ICC proceedings.

On March 11, 2025, former president Rodrigo Duterte was arrested by the Philippine National Police and Interpol after a warrant was issued by the ICC.

Background

Davao Death Squad

The Davao Death Squad (DDS), a Davao City–based vigilante group linked to Rodrigo Duterte, is estimated to have killed at least a thousand people since the 1990s. [1] According to Human Rights Watch, the group mostly targeted alleged drug dealers, petty criminals, and was involved in forced disappearances, summary executions, and drug dealing. [2] [3]

During an October 2016 Philippine Senate inquiry into extrajudicial killings, opposition Senator Leila de Lima presented a witness, Edgar Matobato, a self-confessed former member of the DDS; [4] Matobato testified that the DDS was taking orders from Duterte and claimed that Duterte himself, while he was still mayor of Davao City, had killed a member of the Department of Justice with an Uzi submachine gun. [5] Duterte dismissed Matobato's claims as a lie, [4] and the Senate probe was terminated on October 13, 2016, for lack of evidence. [6] Arturo Lascañas, a retired police officer who initially denied being a member of the group in the Senate hearing, retracted his statement a year later, backed up Matobato's accusations, and admitted to killing 200 people as a DDS member, claiming that they "were motivated by the reward system ... when a killing is ordered and there's a price". [7] [8] [9]

Philippine drug war

A day after the 2016 presidential election, presidential forerunner Duterte said, "I will be a dictator [...] but only against forces of evil – criminality, drugs and corruption in government", and vowed that if he failed to fulfill his promise to end crime, corruption, and drugs within the first six months of his term, he would step down from the presidency. [10] On July 1, the day after the inauguration of Duterte as president, the Philippine National Police (PNP) launched Project Double Barrel, marking the beginning of the Philippine drug war. [11]

From his presidential campaign to the end of his presidency, President Duterte made multiple remarks to kill criminals and drug syndicates. He has also given law enforcers "shoot-to-kill" orders for criminals and drug syndicates, further assuring their protection from prosecution and would go to jail for them. [12]

By the end of Duterte's term, the number of drug suspects killed since Duterte took office was officially tallied by the Philippine government as 6,252. [13] Human rights groups, including the ICC, however, claim drug casualties reached as high as 12,000 to 30,000 [14] and the killings reached their peak between 2016 and 2017. [15] [16]

History

On October 13, 2016, about four months into the Philippine drug war, ICC prosecutor Fatou Bensouda expressed deep concern over reports of extrajudicial killings of alleged drug dealers and users in the Philippines, stating that the ICC would be "closely following developments" in the country to assess whether to open a preliminary examination if necessary. [17] The following month, on November 17, President Duterte threatened to follow Russia's lead [a] by withdrawing the Philippines from the ICC, which he called "useless" in Filipino. [18] [19]

On April 27, 2017, Filipino lawyer Jude Sabio submitted a 77-page document to the ICC titled "The Situation of Mass Murder in the Philippines", requesting charges of mass murder and crimes against humanity against President Duterte and 11 other officials. [20] [21] Similarly, then-Senator Antonio Trillanes and members of the Magdalo Party-List, led by then-Representative Gary Alejano, filed a 45-page supplemental complaint requesting charges of crimes against humanity in addition to the earlier filing by Sabio. [22] However, in January 2020, Sabio retracted his allegations and requested the ICC to dismiss the charges, claiming that his 2017 case was an orchestrated move by the Liberal Party, particularly Senators Antonio Trillanes and Leila de Lima, to discredit Duterte. [23] The ICC rejected Sabio's request, stating that it "cannot effectively destroy or return information once it is in its possession or control". [24]

On August 28, 2018, activists and families of eight victims of the Philippine drug war, led by the National Union of People's Lawyers, submitted a 50-page document to the ICC. [25] This was followed up by two supplemental pleadings, filed in October 2018 and October 2019, respectively. [26]

Inquiries on the drug war were held by the House of Representatives' Quad Committee and the Senate Blue Ribbon sub-committee in October 2024. Duterte attended the Senate inquiry and transcripts from the hearings was later submitted to the ICC by Duterte's staunch critic, former Senator Antonio Trillanes. [27] [28]

Arrest of Rodrigo Duterte

On March 11, 2025, Rodrigo Duterte was arrested by the Philippine National Police through the Interpol at Ninoy Aquino International Airport upon his arrival from Hong Kong, following the issuance of an arrest warrant by the ICC on charges of crimes against humanity. [29]

Jurisdiction

The Philippines signed the Rome Statute of the International Criminal Court (ICC) on December 28, 2000, and ratified it on August 30, 2011. The treaty came into force in the country on November 1, 2011. [30] On March 14, 2018, a month after the ICC opened a preliminary investigation into the situation in the Philippines, President Duterte said in a statement that "the Philippines is withdrawing its ratification of the Rome statute effective immediately". [31] [32] Duterte rebuked the idea of permitting foreigners to interfere in the country's justice system and his administration emphasized that cases against him should be filed before the national courts; [33] [34] additionally, he argued that the Rome Statute, which was ratified by the Senate in 2011, was never binding in the Philippines as it was never published in the Official Gazette, a requirement for a law in the country to take effect. [35] However, in accordance with article 127 (1) of the treaty, the withdrawal shall only take effect "one year after the date of receipt of the notification". [36] Two days later, on March 16, the Philippines formally notified the secretary-general of the United Nations of its decision to withdraw from the Rome Statute. [37] The country officially left the ICC one year later, on March 17, 2019. [38]

The jurisdiction of the ICC investigation in the Philippines will be limited to the period when the country was a state party to the Rome Statute, between November 1, 2011, and March 16, 2019, encompassing almost three years of Duterte's presidency, during which the Philippine drug war was at its height. The Philippine Supreme Court, in a 2021 ruling, commented on the withdrawal from the Rome Statute and stated that the Philippines still has an obligation to cooperate in the ICC proceedings. [39]

The administration of president Bongbong Marcos, which succeeded Duterte in June 2022, maintained that the ICC has no jurisdiction in the Philippines. [40] He argued that the Philippines has a "working justice system" and hence does not warrant a probe by the ICC. [41] This is despite the ICC meant to be complementary to domestic court systems and only prosecute cases only if "when States do not or are unwilling or unable to do" [42] Regardless, the government has allowed the ICC to conduct its investigation in the Philippines independently. Marcos stated the PNP acted on behalf on Interpol, which the Philippines is a member of, leading to Rodrigo Duterte's arrest in March 2025. [43] [44]

In October 2024, former Senator Leila de Lima said that there is no legal obstacle to prevent the Philippine government's cooperation with the ICC citing Republic Act 9851 or the "Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity" including the surrender or extradition of accused persons "to the appropriate international court". The 2009 law came into effect two years before the Philippines ratified the Rome Statute. [45] [46]

Investigation

On September 15, 2021, the ICC's Pre-Trial Chamber I authorized the prosecutor of the International Criminal Court to open an investigation of crimes within the court's jurisdiction in the Philippines, spanning between November 1, 2011, and March 16, 2019, before the Philippines withdrew from the ICC. [47]

In the same month, the government of the Philippines announced that it would not cooperate with the ICC on their investigation and would bar their investigators from entering the country. [48] However, by 2024, the government under the succeeding Bongbong Marcos administration stated that it could not prevent investigators from acting independently, despite the state's continued non-cooperation. [43] [44]

Court proceedings

Pre-trial proceedings

Rodrigo Duterte appeared via video link at the ICC for the confirmation of charges hearing on March 14, 2025. [49] [50] Duterte's camp had earlier requested that his first appearance be postponed, but this was rejected. Salvador Medialdea reiterated this request in his manifestation. [51]

The confirmation of charges hearing was scheduled for September 23, 2025. [52] Nicholas Kaufman was named lead counsel of Duterte's defense team. Lawyers Harry Roque and Salvador Medialdea were initially selected as supporting members, but Duterte's daughter and Vice President Sara Duterte later stated that Roque and Medialdea would no longer be part of the team, which would instead consist of foreign lawyers experienced with the ICC. [53] [54] [55] Dov Jacobs was later appointed associate counsel. [56]

Kaufman stated that he would argue the ICC has no jurisdiction over the case to prevent the start of a trial. [57] He also indicated that he would seek an interim release for Duterte, though no timeline for such an application had yet been provided. [58]

In June 2025, Duterte's team petitioned that judges Reine Alapini-Gansou of Benin and Socorro Flores Liera of Mexico be disqualified from adjudicating on the issue of jurisdiction. [59] All 18 judges rejected the plea on July 3, 2025. [60]

On July 4, 2025, prosecutors at the ICC formally charged Duterte with three counts of crimes against humanity, [61] alleging his involvement, as an indirect co-perpetrator, in at least 76 murders over several years: [62]

In a later Pre-Confirmation Brief, the prosecution listed various eye witness statements (along with quotes from Duterte himself) in setting out their accusations that he was ultimately responsible for a vast number of extrajudicial killings, such as by providing firearms to the actual DDS gunmen or by making public statements promising law enforcement officials immunity from prosecution during any "shoot to kill" operations against drug dealers. [63]

On August 18, 2025, Duterte's lawyers submitted an official Request for an Indefinite Adjournment to the ICC, alleging that he suffered from significant cognitive deficiencies affecting his memory and capacity for complex reasoning. [64] A 13-page document submitted to the court described medical and psychological evaluations conducted while Duterte was in custody at the ICC Detention Centre, asserting that his condition rendered him unable to meaningfully participate in proceedings and therefore unfit to stand trial. [65] On September 8, 2025, ICC judges allowed an indefinite postponement of pre-trial proceedings to permit further testing to determine whether Duterte was fit to stand trial. [66]

Notes

  1. ↑ Russia signed the Rome Statute in 2000 but never ratified it. It later withdrew its signature in 2016 (see: States parties to the Rome Statute#Russia).

Further readings

References

  1. ↑ Phippen, J. Weston (September 15, 2016). "A Former Hitman Says the Philippine President Once Ran a Hit Squad". The Atlantic . Retrieved October 8, 2021.
  2. ↑ You Can Die Any Time: Death Squad Killings in Mindanao (PDF). New York City: Human Rights Watch. 2009. ISBN   978-1-56432-448-1 . Retrieved January 11, 2023.
  3. ↑ "PHILIPPINES: Filipino journalists face brutal death squads". Taipei Times . April 4, 2005. Archived from the original on February 22, 2007. Retrieved January 11, 2023– via AsiaMedia.
  4. 1 2 Regalado, Edith (September 20, 2016). "All lies, Duterte says of Matobato testimony". The Philippine Star . Archived from the original on September 19, 2016.
  5. ↑ Luu, Chieu; Ap, Tiffany; Quiano, Kathy (September 15, 2016). "Philippines President 'ordered death squad hits while mayor,' alleged hitman claims". CNN . Retrieved July 19, 2023.
  6. ↑ Suarez, KD (October 13, 2016). "Senate ends probe: Neither Duterte nor state sponsored killings". Rappler . Archived from the original on October 14, 2016.
  7. ↑ McKirdy, Euan; Bernal, Buena (March 6, 2017). "Self-proclaimed death squad chief: I killed almost 200 for Duterte". CNN . Retrieved July 20, 2023.
  8. ↑ Quiano, Kathy; Westcott, Ben (February 20, 2017). "Ex-Davao Death Squad leader: Duterte ordered bombings". CNN . Retrieved July 20, 2023.
  9. ↑ Patag, Kristine Joy (June 16, 2021). "Here's why the 'Davao Death Squad' was included in the ICC 'drug war' probe". The Philippine Star . Retrieved July 20, 2023.
  10. ↑ Gutierrez, Jason; Ap, Tiffany; Sawatzky, Rob (May 10, 2016). "Philippines' Duterte vows to be a 'dictator'". CNN . Retrieved October 8, 2021.
  11. ↑ "Command Memorandum Circular No. 16 – 2016" (PDF). Philippine National Police . National Police Commission. July 1, 2016. Retrieved July 18, 2023.
  12. ↑ Dela Peña, Kurt (September 17, 2021). "'Kill, kill, kill': Duterte's words offer evidence in ICC". Philippine Daily Inquirer. Retrieved July 19, 2023.
  13. ↑ Sarao, Zacarian (June 22, 2022). "6,252 drug suspects killed as of May 31 – PDEA". Philippine Daily Inquirer . Archived from the original on June 21, 2022. Retrieved August 2, 2024.
  14. ↑ Cabuenas, Jon Viktor D. (July 17, 2022). "ICC calls on Philippine gov't to comment on reopening of drug war probe". GMA Integrated News . Archived from the original on July 17, 2022. Retrieved August 2, 2024.
  15. ↑ Simons, Margaret (January 11, 2023). "The Philippines Is Losing Its 'War on Drugs'". Foreign Policy . Retrieved July 19, 2023.
  16. ↑ Kishi, Roudabeh; Buenaventura, Tomas (November 18, 2021). The Drug War Rages on in the Philippines: New Data on the Civilian Toll, State Responsibility, and Shifting Geographies of Violence (Report). Armed Conflict Location and Event Data Project.
  17. ↑ "Philippines drug crackdown prompts warning from ICC". The Guardian . Associated Press. October 14, 2016. ISSN   0261-3077 . Retrieved July 18, 2023.
  18. ↑ Ranada, Pia (November 17, 2016). "Duterte threatens PH withdrawal from ICC". Rappler . Retrieved July 18, 2023.
  19. ↑ "Philippines' Duterte calls Western threats of ICC indictment hypocritical". Reuters . November 28, 2016. Retrieved July 18, 2023.
  20. ↑ Domonoske, Camila (April 24, 2017). "Lawyer In Philippines Accuses President Duterte Of Crimes Against Humanity". The Two-Way. NPR . Retrieved July 18, 2023.
  21. ↑ Paddock, Richard C. (April 24, 2017). "Charge Rodrigo Duterte With Mass Murder, Lawyer Tells The Hague". The New York Times . ISSN   0362-4331 . Retrieved July 18, 2023.
  22. ↑ "Trillanes, Magdalo charge Duterte at ICC". Senate of the Philippines . June 6, 2017. Retrieved March 12, 2025.
  23. ↑ Lagrimas, Nicole-Anne C. (January 14, 2020). "Lawyer Jude Sabio withdraws one of ICC cases vs. Duterte". GMA Integrated News . Archived from the original on January 23, 2022. Retrieved August 3, 2024.
  24. ↑ Yap, D. J. (January 16, 2020). "ICC prosecutor: Probe of Duterte can't be stopped". Philippine Daily Inquirer . Archived from the original on January 16, 2020. Retrieved August 3, 2024.
  25. ↑ Takumi, Rie (August 28, 2018). "Fresh ICC complaint filed vs. Duterte over drug war deaths". GMA Integrated News . Retrieved March 14, 2025.
  26. ↑ Cabico, Gaea Katreena. "'Drug war' victims' kin file additional communication vs Duterte at ICC". The Philippine Star . Retrieved March 14, 2025.
  27. ↑ Villanueva, Gillian; de Villa, Kathleen; Santos, Tina (October 31, 2024). "Trillanes: ICC given Duterte 'death squad' transcript". Philippine Daily Inquirer . Retrieved October 31, 2024.
  28. ↑ Panti, Llanesca (October 30, 2024). "Trillanes submits Duterte's statements on killings to ICC". GMA Integrated News . Retrieved October 31, 2024.
  29. ↑ "LIVE UPDATES: Rodrigo Duterte arrested over ICC case". Rappler . March 11, 2025.
  30. ↑ "Rome Statute of the International Criminal Court". United Nations Treaty Collection. May 16, 2019. Retrieved May 16, 2019.
  31. ↑ "Duterte to quit ICC over drugs inquiry". BBC News . March 14, 2018. Retrieved October 8, 2021.
  32. ↑ Ellis-Petersen, Hannah (March 14, 2018). "Rodrigo Duterte to pull Philippines out of international criminal court". The Guardian . Retrieved October 8, 2021.
  33. ↑ "Philippine's Duterte urges nations to abandon ICC". DW News . March 18, 2018. Archived from the original on March 18, 2018. Retrieved August 3, 2024.
  34. ↑ Cabico, Gaea Katreena; Patag, Kristine Joy (April 17, 2019). "Philippines becomes second country to quit ICC". The Philippine Star . Archived from the original on April 17, 2019.
  35. ↑ Kabiling, Genalyn (July 29, 2021). "Duterte still has no copy of Rome Statute; ICC pullout an 'empty gesture' due to treaty's non-publication". Manila Bulletin . Archived from the original on July 28, 2021.
  36. ↑ Cigaral, Ian Nicolas (March 14, 2018). "Can the Philippines leave the ICC without Senate concurrence?". The Philippine Star. Retrieved July 21, 2023.
  37. ↑ "Philippines informs U.N. of ICC withdrawal, court regrets move". Reuters . March 16, 2018. Retrieved July 21, 2023.
  38. ↑ Gutierrez, Jason (March 17, 2019). "Philippines Officially Leaves the International Criminal Court". The New York Times . ISSN   0362-4331 . Retrieved July 21, 2023.
  39. ↑ Lopez, Virgil (July 21, 2021). "Philippines obliged to cooperate with ICC despite withdrawal —Supreme Court". GMA Integrated News . Retrieved October 20, 2024.
  40. ↑ Bajo, Anna Felicia (February 20, 2024). "Marcos firm on not recognizing ICC jurisdiction over PH". GMA Integrated News . Retrieved October 31, 2024.
  41. ↑ Flores, Helen (October 15, 2024). "'No return to ICC despite findings by quad comm'". The Philippine Star. Retrieved October 31, 2024.
  42. ↑ "VERA FILES FACT CHECK: Marcos' claim on the purpose of ICC misleads". Vera Files. March 13, 2024. Retrieved October 31, 2024.
  43. 1 2 Bautista, Jane (July 31, 2024). "SolGen: Gov't will not stand in way of ICC probe". Philippine Daily Inquirer . Retrieved October 31, 2024.
  44. 1 2 Casilao, Joahna Lei (August 13, 2024). "Guevarra maintains gov't cannot stop ICC from interviewing suspects". GMA Integrated News . Retrieved October 31, 2024.
  45. ↑ Panti, Llanesca (October 22, 2024). "De Lima: Gov't can't stop ICC from investigating Duterte's drug war". GMA Integrated News . Archived from the original on January 19, 2025. Retrieved October 31, 2024. In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime
  46. ↑ Robles, Raissa (October 23, 2024). "'Superman' Duterte could still face ICC trial due to little-known Philippine law: witness" . South China Morning Post . Archived from the original on October 23, 2024. Retrieved October 31, 2024.
  47. ↑ Regencia, Ted (September 15, 2021). "ICC agrees to open investigation into Duterte's 'war on drugs'". Al Jazeera . Retrieved July 21, 2023.
  48. ↑ Lema, Karen; Morales, Neil Jerome (September 16, 2021). "Philippines refuses to work with ICC 'war on drugs' probe". Reuters . Retrieved July 18, 2023.
  49. ↑ Buan, Lian (March 14, 2025). "Duterte in The Hague: Can he be released before September pre-trial?". Rappler . Retrieved March 17, 2025.
  50. ↑ Gita-Carlos, Ruth Abbey (March 15, 2025). "Palace: Justice rolling down after Duterte faces ICC's 'fair' pre-trial". Philippine Daily Inquirer . Retrieved March 17, 2025.
  51. ↑ Mendoza, John Eric (March 15, 2025). "ICC junks Rodrigo Duterte's plea to postpone first court appearance". Philippine Daily Inquirer . Retrieved March 20, 2025.
  52. ↑ "ICC sets Duterte confirmation of charges hearing Sept. 23". Philippine Daily Inquirer . March 14, 2025. Retrieved March 15, 2025.
  53. ↑ Domingo, Katrina (March 17, 2025). "Duterte assembles defense team with international law expert as lead counsel". ABS-CBN News . Retrieved March 17, 2025.
  54. ↑ Hernandez, Zen (March 19, 2025). "Medialdea, Roque will not be part of Duterte's legal team, says VP Sara". ABS-CBN News . Retrieved March 19, 2025.
  55. ↑ Villa, Kathleen de (March 20, 2025). "Foreigners to defend Duterte; Roque out, says VP". Philippine Daily Inquirer . Retrieved March 20, 2025.
  56. ↑ Mateo, Janvic (April 9, 2025). "French lawyer joins Duterte defense team". The Philippine Star . Retrieved April 10, 2025.
  57. ↑ Mendoza (April 1, 2025). "Duterte camp scrambling to stop ICC trial before it starts – lawyer". Philippine Daily Inquirer . Retrieved April 1, 2025.
  58. ↑ Peñafuerte, Andy III; Pangan, Jay-vee Marasigan (April 1, 2025). "Duterte's counsel working on interim release, but timing yet to be discussed". GMA Integrated News . Retrieved April 1, 2025.
  59. ↑ Casilao, Joahna Lei (July 4, 2025). "ICC plenary: No bias found in 2 judges Duterte sought to disqualify". GMA Integrated News . Retrieved July 6, 2025.
  60. ↑ Abarca, Charie (July 6, 2025). "All 18 ICC judges junk Duterte plea as wrong, untenable and dilatory". Philippine Daily Inquirer . Retrieved July 6, 2025.
  61. ↑ "SITUATION IN THE REPUBLIC OF THE PHILIPPINES IN THE CASE OF THE PROSECUTOR v. RODRIGO ROA DUTERTE - 4 July 2025 - Public Redacted Version of "Document Containing the Charges"" (PDF). International Criminal Court . September 11, 2025. Retrieved March 23, 2025.
  62. ↑ "Rodrigo Duterte, former Philippines president, charged with crimes against humanity at ICC". The Guardian . September 23, 2025.
  63. ↑ "SITUATION IN THE REPUBLIC OF THE PHILIPPINES IN THE CASE OF THE PROSECUTOR v. RODRIGO ROA DUTERTE - 24 July 2025 - Public Redacted Version of 'Prosecution's Pre-Confirmation Brief'" (PDF). International Criminal Court . September 22, 2025. Retrieved September 22, 2025.
  64. ↑ "Duterte defence says ex-Philippine president has deteriorating cognitive condition". Channel News Asia . September 12, 2025.
  65. ↑ "SITUATION IN THE REPUBLIC OF THE PHILIPPINES IN THE CASE OF THE PROSECUTOR v. RODRIGO ROA DUTERTE - 11 Sept 2025 - Public Redacted Version of the "Defence Request for an Indefinite Adjournment"" (PDF). International Criminal Court . September 11, 2025. Retrieved March 20, 2025.
  66. ↑ "ICC postpones hearing for Philippines' Duterte for health assessment". Reuters . September 8, 2025.
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