AP —
International Criminal Court judges on Thursday upheld crimes against humanity charges over the deadly drug crackdown allegedly overseen by former Philippine President Rodrigo Duterte while in office.
The three-judge panel unanimously found there were “substantial grounds” to believe the former leader was involved in dozens of murders, first as mayor of the southern Philippine city of Davao and then as president.
Duterte, who was president from 2016 to 2022, was arrested in the Philippines last year and flown to The Hague, where the World Court of Justice is located. He denies the charges.
In a 50-page ruling, the judges found that the evidence showed that Mr. Duterte, 81, “developed, promulgated, and implemented” policies that “‘neutralized’ alleged criminals.”
Prosecutors say police and hit squads have carried out dozens of murders since 2011 on Duterte’s orders in exchange for promises of money or to avoid becoming targets themselves.
“For some, the murder has reached the level of a perverted competition,” Deputy Public Prosecutor Mame Mandiay Niang said during a pre-trial hearing in February.
Estimates of the death toll during President Duterte’s term vary from more than 6,000 reported by the National Police to as many as 30,000 claimed by human rights groups.
Prosecutors said in a statement Wednesday that the decision marks an “important milestone” in their efforts to hold people accountable.
Nick Kaufman, Duterte’s lead defense attorney, told The Associated Press that he was disappointed in the decision, which he said was “based on the uncorroborated statements of a heinous confessed killer who served as a cooperating witness.”
The start date for the trial has not yet been determined.
President Duterte waived his right to appear in court and did not appear at the hearing. Last month, a judge ruled he was fit to stand trial after adjourning an earlier hearing citing health concerns.
In the Philippines, families of victims killed in a brutal drug crackdown celebrated the decision, saying it brings them closer to justice and closure to a tragic chapter in their lives.
“This is for all the victims who were never even given the chance to be recognized because their stories were distorted in police reports, investigations and findings,” said Randy Delos Santos, whose nephew Kian Delos Santos was shot and killed by three police officers in an alley in August 2017.
“Unlike Kian, most other victims had no name or voice, just numbers and statistics, and their horrific stories were never heard. Now, the ICC will give their stories a chance to be told,” Delos Santos told The Associated Press.
Human rights groups also praised the decision.
“Duterte’s trial will send a powerful message that no one responsible for serious crimes is above the law, whether in the Philippines or elsewhere, and that justice will eventually catch up with them,” said Maria Elena Vignoli, senior international legal advisor at Human Rights Watch.
In 2018, the ICC Prosecutor announced the opening of a preliminary investigation into the crackdown on violent drugs. Human rights activists say it was an attempt to evade responsibility, and then-president Duterte announced a month later that the Philippines would leave the court.
On Tuesday, appellate judges rejected a request from Duterte’s lawyers to throw out the case, saying the court lacked jurisdiction due to the Philippines’ withdrawal.
In October, judges disqualified the court’s chief prosecutor, Karim Khan, from the case for a “reasonable manifestation of bias” because he had represented victims of Duterte’s alleged crimes before Duterte was appointed to the ICC. Khan had already stepped down from his role pending the outcome of an independent investigation into the sexual misconduct allegations.
