The International Criminal Court (ICC) Office of the Prosecutor released on Monday evening, September 22, (Manila time) a redacted version of the “Document Containing the Charges” against former president Rodrigo Duterte.

The document signed by Deputy Prosecutor Mame Mandiaye Niang recommends that Duterte stand trial for three counts of murder and attempted murder in relation to the alleged extrajudicial killings during his time as mayor of Davao City and later as president of the Republic of the Philippines.

According to the 15-page document, Duterte is "criminally responsible" for the following:

Count 1: Murder as a crime against humanity from 2013 to 2016 during his mayoral tenure (19 victims);

Count 2: Murder as a crime against humanity from 2016 to 2017 from various locations during his presidential period (14 victims);

Count 3: Murder and attempted murder as a crime against humanity during barangay clearance operations from 2016 to 2018 under his administration as president (45 victims).

FPRRD as Indirect Co-Perpetrator

The prosecution also identified the former president’s individual criminal responsibility as 1) indirect co-perpetration; 2) ordering and/or inducing the crimes; and 3) aiding and abetting the said criminal acts.

According to the document, Duterte and his co-perpetrators had a common plan or agreement against suspected drug criminals which he utilized during his stint as mayor of Davao City and later as president of the country.

“DUTERTE meant to engage in the charged conduct, and intended, or was aware that violent crimes including murder would be committed in the ordinary course of events as a result of the implementation of the Common Plan. DUTERTE was aware that the Common Plan involved an element of criminality and was aware of the fundamental features of the DDS and the National Network which enabled him to exercise control over the charged crimes together with his Co-Perpetrators. DUTERTE was also aware of the factual circumstances which allowed him to have joint control over the crimes, together with his Co-Perpetrators,” the document read.

FPRRD’s Alleged ‘Essential Contributions’ to the Crimes

The prosecution claimed that former president Duterte made essential contributions to the planning of the crimes in Counts 1 to 3 through a number of methods specified as follows:

a. Designing and disseminating the policy to ‘neutralise’ alleged criminals, both as a mayor and later as a president. This include his endorsement of the anti-illegal drugs campaign ‘Double Barrel’; 

b. Establishing and overseeing the Davao Death Squad (DDS);

c. Instructing and authorising violent acts including murder to be committed against alleged criminals, including alleged drug dealers and users; 

d. Providing personnel and other necessary logistical resources such as weapons including those to be used in the execution of the crimes; 

e. Appointing key personnel to positions which were crucial to the execution of the crimes; 

f. Offering financial incentives and promotions to police officers and hitmen to kill alleged criminals; 

g. Creating and maintaining a system in which perpetrators knew they would be protected, including through promises of immunity and shielding perpetrators from investigation and prosecution; 

h. Making public statements authorising, condoning and encouraging killings of alleged criminals, both as Mayor of Davao City and President of the Philippines; 

i. Authorising State actors to take part in the anti-drugs campaign and temporarily revoking such authorisation, including to placate public outcry; 

j. Publicly naming individuals and holding up charts from lists of alleged criminals, including so-called ‘high-value targets’, some of whom were subsequently killed.

Aside from the above reasons, the prosecution said Duterte used his authority to order the members of the DDS and assisted them to commit the relevant crimes.

“Duterte meant to engage in this conduct and was aware of his position of authority over the physical perpetrators of the crimes,” the prosecution said.

“He intended that violent crimes including murder would be committed or was aware that they would be committed in the ordinary course of events as a result of the implementation of the orders,” it added.

The former president, now 80 years old, is accused of extrajudicial killings during the hype of his administration’s war on drugs carried out between 2011 and 2019.

His confirmation of charges was originally scheduled to begin on September 23 but his legal team requested to delay the trial citing him unfit due to health issues.

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