Editor’s Note: This has been updated since its earlier publication in 2022. Rodrigo Duterte is going to trial before the International Criminal Court (ICC). Its pre-trial chamber on Thursday, April 23, unanimously confirms all charges against him in relation to the violent war on drugs.
In its decision, the chamber says that there “are substantial grounds to believe that Mr Duterte is criminally responsible for the crimes.” Government data shows that at least 6,252 people have died at the hands of the police during anti-illegal drug operations as of May 31, 2022. This tally does not include victims of vigilante-style killings, which human rights groups estimate to pull the number up to around 30,000. Documents obtained by Rappler, however, show that the Philippine National Police (PNP) already recorded 7,884 deaths between July 1, 2016 to August 31, 2020.
Families, human rights groups, and other stakeholders bank on the ICC to bring justice to the thousands of victims, as domestic mechanisms prove to be ineffective in what appears to be a futile quest for accountability. The Commission on Human Rights (CHR), mandated by the 1987 Philippine Constitution to investigate state abuses, was stonewalled by the Duterte government in its own probes – a recurring treatment even among other groups that try to assist families of victims. What has happened with the ICC proceedings so far?
Rappler lists key events involving the ICC and Duterte’s war on drugs. We will update this timeline as new information comes in. PROSECUTOR.
Former ICC prosecutor Fatou Bensouda has been publicly insulted and threatened by President Rodrigo Duterte. Photo from ICC OCTOBER 13, 2016 Then-ICC prosecutor Fatou Bensouda says her office is keeping an eye on the incidents in the Philippines as the number of deaths in drug war operations continues to rise almost four months into the Duterte administration. In a statement, she says her office “will be closely following the developments… and record any instance of incitement or resort to violence with a view to assessing whether a preliminary examination into the situation of the Philippines needs to be opened.” Without naming any official, Bensouda also warns that “any person in the Philippines who incites or engages in acts of mass violence including by ordering, requesting, encouraging or contributing, in any other manner, to the commission of crimes within the jurisdiction of the ICC is potentially liable to prosecution before the Court.” NOVEMBER 17, 2016 Duterte threatens to withdraw the Philippines from being a member-state of the ICC.
He calls the international court useless, saying it really is unable to help small countries. This would be the first of many instances when the President would publicly threaten and insult the ICC, including its officials. APRIL 24, 2017 Filipino lawyer Jude Sabio files a communication before the ICC over the “repeatedly, unchangingly, and continuously” mass murder in the Philippines.
He requests the court to “commit [Duterte] and his senior government officials to the Trial Chamber for trial and that the Trial Chamber in turn, after trial, convict them and sentence them to corresponding prison sentence or life imprisonment.” Sabio was the lawyer of self-confessed Davao Death Squad (DDS) member Edgar Matobato, who was the first to publicly come out to accuse Duterte of being behind the killings in Davao City as mayor. In the documents filed, Sabio says he has “direct proof beyond reasonable doubt” that Duterte continued these killings at the national level. Sabio would later “withdraw” his communication in January 2020, but experts point out this will not affect the ongoing proceedings.
He dies on April 12, 2021 due to cardiac arrest. ICC. Then-senator Antonio Trillanes IV and Magdalo representative Gary Alejano submit supplemental communication before the ICC.
JUNE 6, 2017 Then-senator Antonio Trillanes IV and Magdalo representative Gary Alejano file supplemental communication before the ICC urging Bensouda to initiate a preliminary examination “to provide a glimmer of hope for the thousands of victims that Duterte’s impunity would soon end.” The 45-page document the two submitted highlight Duterte’s violent rhetoric, including various pronouncements in which he ordered the killings of suspected drug personalities. FEBRUARY 8, 2018 The ICC Office of the Prosecutor announces that it has initiated a preliminary examination to determine whether there is sufficient evidence to establish that the case falls under the court’s jurisdiction. In a statement, Bensouda says her office has decided to pursue this move “following a careful, independent, and impartial review of communications and reports documenting alleged crimes.” Then-presidential spokesperson Harry Roque says Duterte welcomes this move “because he is sick and tired of being accused of the commission of crimes against humanity.” MARCH 14, 2018 Duterte announces that the Philippines will w
