Lawyer explains: What were the grounds for ICC to issue warrant vs Duterte?

A DAVAO lawyer explained the basis for the arrest warrant issued by the International Criminal Court against former President Rodrigo Duterte, who remained detained at the Villamor Air Base in Pasay City as of this writing. 

The lawyer agreed to talk to TIMES on the condition of anonymity. 

1. Legal Basis for the Arrest Warrant

• The warrant was issued under Article 59 of the Rome Statute.
• The Pre-Trial Chamber I of the International Criminal Court (ICC), composed of:
• Judge Iulia Antoanella Motoc (Presiding Judge),
• Judge Reine Adélaide Sophie Alapini-Gansou, and
• Judge Maria del Socorro Flores Liera,

reviewed the evidence and determined there was sufficient cause for issuing the warrant.

2. Charges Against Duterte

• The warrant cites crimes against humanity, including:
• Murder (widespread killings during the anti-drug campaign).
• Torture (inhumane treatment of detainees and alleged abuses by security forces).
• Enforced disappearances (victims abducted and never seen again).
• Other inhumane acts (violence committed under the war on drugs and Davao Death Squad operations).
• The period under investigation includes:
• Davao City mayoral tenure (1988-2016) – alleged extrajudicial killings by the “Davao Death Squad.”
• Presidency (2016-2022) – large-scale summary executions in the anti-drug campaign.

3. Justifications for the Arrest

• The ICC emphasizes that Duterte’s arrest is necessary to:
• Ensure he appears before the court.
• Prevent obstruction of justice, including interference with witnesses.
• Prevent continued commission of crimes.

4. Actions for ICC State Parties

• The warrant requires all State Parties to the Rome Statute to:
• Arrest Duterte if he enters their jurisdiction.
• Cooperate in his transfer to The Hague for trial.

1. Direct Supervision of the Davao Death Squad (DDS)

• Duterte is accused of playing a key role in forming and leading DDS during his time as Mayor of Davao City (1988-2016).
• Witness testimonies (including former DDS members) allege that Duterte personally gave orders for executions of suspected criminals, drug users, and political opponents.

2. Pattern of Extrajudicial Killings

• The ICC cites a consistent pattern of summary executions carried out by DDS.
• Victims included drug suspects, petty criminals, and even innocent civilians mistakenly identified as threats.
• Killings were allegedly conducted through:
• Drive-by shootings using motorcycles.
• Abductions, torture, and execution in safe houses.
• Dumping of bodies in rivers or mass graves.

3. Expansion of Killings to National Level

• When Duterte became President in 2016, the ICC alleges that he expanded the DDS model into a nationwide “War on Drugs”.
• Police and vigilantes were allegedly given orders to execute suspected drug users and pushers without due process.
• The ICC estimates thousands of extrajudicial killings under this campaign.

4. Use of Government Resources for Killings

• DDS operations were allegedly funded by government resources.
• The squad reportedly received cash bonuses for each killing.
• Local police and city officials were allegedly complicit in covering up the executions.

5. Attempts to Obstruct Justice

• The ICC alleges that Duterte and his associates suppressed investigations into DDS activities.
• Witnesses and whistleblowers reportedly faced threats, harassment, and assassination.
• Law enforcement agencies were allegedly instructed not to cooperate with human rights investigations.

“Duon palang sa jurisdiction eh pusa na sila (On the jurisdiction alone, they will already lose [the case]),” he said.

“Di na tayo (We are not a) ‘Party State,’ so why execute by our government?” he asked.

When asked if Duterte has the chance to win this case he said, “May panalo kaso alam naman natin pag politika manalo man takes time pa (It’s winnable but we know that even if you win in politics, it takes time).”

The lawyer also noted how the ICC and the administration are rushing to send Duterte to The Hague for trial. 

“He will be on his own there, mahirarapan nga kahit immediate family nya kay (even his immediate family might face trouble as they) need visa,” he explained.

Moreover, the copy of the warrant was only digital and the police could not even show the original hard copy of the document. This technicality can be argued as violating due process.

“Nakalagay dyan sa warrant, dapat sya dalahin agad sa (The warrant states that he should be brought immediately to the) court. Ba’t sa Villamor naman sya dinala di naman yun court (Why was he brought to Villamor when it’s not a court?),” he asked.

The lawyer also noted how the allegations were unclear on his direct participation in the alleged Davao Death Squad. The rules of evidence mandate specific allegations to eliminate confusion. 

PNP statement

Meanwhile, the Philippine National Police (PNP) issued a statement on its participation in the arrest. The PNP said it assisted the Philippine Center on Transnational Crime (PCTC) in implementing an Interpol red notice for Duterte.

“To ensure a peaceful and orderly process, the PNP deployed 379 personnel at NAIA and other key locations. PNP Chief, Police General Rommel Francisco D. Marbil, along with Criminal Investigation and Detection Group (CIDG) Director, Police Major General Nicolas Torre III, supervised security measures at the airport,” it said. 

“The PNP remains committed to assisting in lawful processes while maintaining peace and order. In fulfilling this role, the organization upholds its duty to enforce the law with professionalism and adherence to due process. The PNP urges the public to remain calm and avoid spreading misinformation,” it added.