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MANILA, Philippines — The International Criminal Court (ICC), in confirming all three charges against former President Rodrigo Duterte, listed ten ways he allegedly made an "essential contribution" to the common plan to kill persons in his so-called "war on drugs."
These contributions, taken together, meant the crimes "could not have been committed or would have been committed in a significantly different way" without Duterte, according to the three-judge panel of the Pre-Trial Chamber I.
The decision to confirm all charges comprised of three counts of crimes against humanity of murder — and commit Duterte to trial — was released Thursday, April 23. Duterte's defense is not automatically entitled to appeal but can seek authorization to do so. He is presumed innocent until proven guilty.
The 50-page ruling rests on testimony that Duterte built a killing apparatus in Davao City in the late 1980s, expanded it nationwide upon winning the presidency in 2016, and maintained control over it through a network of loyalists and threats of violence against those who disobeyed.
The ICC has found Duterte criminally responsible for all charges against him as an "indirect co-perpetrator." This means while he did not personally pull the trigger, he had allegedly shared a common plan with others to commit the alleged crimes, controlled their actions, and made contributions necessary for the "common plan" to be carried out, according to the chamber.
The decision lists ten "essential contributions" Duterte allegedly made to the crimes in the three counts of murder:
1. "Designing and disseminating the policy to ‘neutralise’ alleged criminals"
The chamber found enough evidence to say that Duterte had designed and spread "the policy to 'neutralise' alleged criminals," first as mayor of Davao City and then as president, "including by endorsing the anti-illegal drugs campaign 'Double Barrel.'"
The system of killings was first perfected in Davao City before being elevated to a nationwide policy when Duterte won as president, according to the decision.
Insider witnesses, cited by the decision, described co-conspirators discussing "how Mr Duterte wanted to replicate the killings perpetrated in Davao City nationwide."
2. "Establishing and overseeing the DDS"
The evidence showed that Duterte oversaw the Davao Death Squad from its creation in the late 1980s until he left the Davao mayoralty in 2016.
The chamber found he personally recruited and organized the squad to "neutralize" categories of alleged criminals such as drug pushers and thieves.
3. "Instructing and authorizing violent acts, including murder to be committed against alleged criminals"
The ruling emphasized that Duterte sat at the top of a hierarchy where his specific "clearance" or permission was required before DDS members could carry out a killing.
"Mr Duterte ordered the creation of lists of individuals allegedly involved in the illegal drug trade or other forms of criminality and publicly named certain individuals, proffering death threats against them; some of these individuals were subsequently killed," the decision read.
4. "Providing personnel and other necessary logistical resources such as weapons, including those to be used in the execution of the crimes"
Duterte, according to the decision, ensured the availability of the people and resources needed to carry out the killings. This includes non-government-issued firearms, ammunition, safehouses and vehicles, according to the decision.
He also used public funds allocated to his office and listed hitmen as "ghost employees" or "Auxiliary Service Workers" on the Davao City payroll, according to the decision.
Based on witnesses' testimonies, the chamber was able to say: "During his presidency... Mr Duterte’s position allowed him to put personnel and equipment at the disposal of the direct perpetrators."
5. "Appointing key personnel to positions crucial to the execution of the crimes"
Upon his election to the presidency, Duterte appointed a circle of "co-perpetrators" from Davao City to the highest levels of the national government.
The decision reads:
"DUTERTE and his Co-Perpetrators established a network of perpetrators comprising State actors, i.e. law enforcement officers (including personnel from the PNP, PDEA, the NBI and the Bureau of Corrections, and non-police assets and hitmen (together, “the National Network”), to operate in a similar manner as the DDS in conducting operations to kill alleged criminals in accordance with the Common Plan."
READ MORE: ICC confirms Duterte charges, clearing way for full trial
6. "Offering financial incentives and promotions to police officers and hitmen"
The court said it found substantial evidence of a "covert reward system" where police and hitmen were paid to kill.
For "high-value targets" on the president's list, payments reportedly ranged from P50,000 to P1 million, depending on the level or rank of the target.
Duterte also publicly promised to promote officers who successfully "neutralized" targets.
7. "Creating and maintaining a system in which perpetrators knew they would be protected"
So too did the chamber rule that a key pillar of the drug war was the alleged wide-ranging promise of impunity.
The chamber noted that Duterte explicitly promised to "protect, pardon and promote" direct perpetrators, effectively shielding them from investigation and prosecution to ensure the "common plan" continued without legal interference.
8. "Making public statements authorising, condoning and encouraging killings of alleged criminals"
Through "abundant and repeated" public speeches, Duterte disseminated his policy of violence, according to the ICC.
As a presidential candidate, he frequently warned drug users that he would order the police to kill them and publicly justified extrajudicial killings as a legitimate tool of the state to prevent lawlessness.
9. "Authorising State actors to take part in the anti-drugs campaign and temporarily revoking such authorisation"
A key part of the decision also discusses the total power granted to Duterte to determine the severity and frequency of killings, as evidence by a temporary dip in the number of killings.
In 2017, Duterte temporarily suspended police participation in the drug war and put the Philippine Drug Enforcement Agency at the helm.
"Data collected in relation to the killings associated with the national anti-drugs campaign indicates that this suspension marked the ‘first sustained drop in rate of killings per night’ since Mr Duterte became President in June 2016," the court said.
10. "Publicly naming individuals and holding up charts from lists of alleged criminals"
The ICC also highlighted Duterte's use of so-called "PRRD Lists" to target individuals.
He frequently held up charts during televised conferences and publicly named "high-value targets" — such as local mayors and alleged drug lords — some of whom were killed shortly after their names were broadcast.
Among them: Mayor Rolando Espinosa Sr. of Leyte, shot by police while in custody at a provincial jail, and Mayor Reynaldo Parojinog Sr. of Ozamiz City, killed in a raid on his family home weeks after Duterte named him on national television.
