Why Rodrigo Duterte Faces Accusations of Crimes Against Humanity

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Former Philippine president Rodrigo Duterte has been charged with crimes against humanity by the International Criminal Court (ICC).

The 80-year-old is accused of being criminally responsible for dozens of murders that allegedly took place as part of his so-called war on drugs, during which thousands of small-time drug dealers, users and others were killed without trial.

Duterte is the first Asian former head of state to be indicted by the ICC.

ICC deputy prosecutor Mame Mandiaye Niang said Duterte was an “indirect co-perpetrator” in the killings, which the court alleges were carried out by others, including police.

A redacted version of the ICC’s charge sheet, dated 4 July, was only made public on Tuesday AEST.

What are the charges against Rodrigo Duterte?

The first count against Duterte relates to his alleged indirect co-perpetration in the murders of 19 people between 2013 and 2016 when he was mayor of Davao City.

It was in this southern Philippines stronghold, which Duterte ruled for decades, that he tested his war on drugs, which he later implemented nationwide during his presidency from 2016 to 2022.

The document alleges that during the period when he was mayor, Duterte and unnamed accomplices “used police from Davao City and non-police hitmen … to kill alleged criminals”.

The other two counts relate to the murders of 57 people. Fourteen of them were classified by the ICC as “high-value targets,” some of whom appeared on a list that offered financial incentives to police officers.

Forty-three murders were allegedly committed during “clearance” operations of lower-level alleged drug users or pushers.

A hand wearing a glove with blood on it, holding bullets and a pistol.

Two of the three counts against Rodrigo Duterte relate to the murders of 57 people between the start of his presidency in 2016 and 2019. Source: AAP / EPA / Stringer

Together, the 57 murders took place from the start of Duterte’s presidency in 2016 until 2019, when he withdrew the Philippines from the Rome Statute that governs the ICC, fearing prosecution.

“Duterte and his co-perpetrators shared a common plan or agreement to ‘neutralise’ alleged criminals in the Philippines (including those perceived or alleged to be associated with drug use, sale or production) through violent crimes including murder,” the document alleges.

Duterte was Philippines’ president until 2022. He was re-elected mayor of Davao City in May this year.

How has the ICC pursued Duterte, and what could happen next?

The ICC ordered Duterte’s arrest in March, accusing him of murder as a crime against humanity in the context of his war on drugs which, during his term, killed some 6,000 people, police say. NGOs put the figure at around 30,000.

He surrendered to the ICC on 12 March in response to the arrest warrant, and appeared before the judges in The Hague for the first time two days later.

Duterte’s supporters allege the ICC is being used as a political tool by the Philippines’ current president Ferdinand Marcos, who had publicly fallen out with the powerful Duterte family.

The ICC effectively has no power to arrest people without the co-operation of the countries they are in, which is most often refused — and Marcos had previously dismissed the idea of co-operating with the ICC.