ICC Petition Against President Duterte: The New Twist in the Philippines’ War on Drugs
On August 28, 2018, activists and families of eight victims of the Philippines’ “war on drugs” filed a 50‑page complaint with the International Criminal Court (ICC). The petition accuses President Rodrigo Duterte of murder and crimes against humanity, alleging thousands of extrajudicial killings—including blatant “brazen” executions by police bathed in impunity.
The document, formally called a “communication,” builds on a similar 2017 filing by a Filipino lawyer that sparked the ICC’s preliminary investigation in February. This latest move is spearheaded by a coalition of activists, priests, and members of urban poor communities who have endured the brunt of Duterte’s crackdown.
Key Points in the Complaint
- Evidence from six relatives of the eight victims killed by police.
- Claims that Duterte is directly responsible for ordering state police to undertake mass killings.
- Accusations that Duterte’s anti‑narcotics campaign is “persecuting” critics.
- Argument that cases from victims’ families have stalled, “going nowhere.”
Lawyer Neri Colmenares told reporters, moments after the complaint was sent, that Duterte “has ordered state police to kill only if their lives are in danger.” He noted that in his annual address, Duterte promised the drugs war would remain “relentless and chilling.”
Duterte’s Defense and the It’s “Doomed” ICC Petition
Police officials maintain that the 4,400 figures tallied over the first two years refer to drug dealers who resisted arrest. They deny any cover‑ups or executions of drug users.
President Duterte’s spokesperson, Harry Roque, declared the ICC petition “doomed” and “will not prosper” because the Philippines withdrew from the Rome Statute. The ICC prosecutor’s office, currently out of office hours, remains silent.
Duterte’s Withdrawal: A Break with the Past
In March, Duterte unilaterally pulled the Philippines out of the ICC’s founding treaty, citing “baseless, unprecedented, and outrageous attacks” by UN officials. This shift came after years of openly challenging the ICC’s jurisdiction and expressing his readiness to face trial in The Hague.
Meanwhile, a separate complaint from opposition lawmakers—now before the Supreme Court—questions the legality of Duterte’s withdrawal, arguing it was made without Senate approval. Duterte’s legal team plans to argue that Senate approval is not required.
Jurists point out that the ICC’s jurisdiction covers the period the Philippines was a signatory, from 2011 to March 2019. Therefore, Duterte should not be shielded from indictment.
Final Thoughts
The ICC stands as a court of last resort, stepping in when states fail to investigate grave crimes. While the Philippine government insists domestic courts are competent and independent, the ICC remains ready to scrutinize whether the nation’s leaders, including Duterte, can be held accountable for the alleged atrocities.
