AT A GLANCE: What the arrest warrant against Rodrigo Duterte says
Former president Rodrigo Duterte's arrest for alleged crimes against humanity threw the political scene in the Philippines into disarray.
The warrant, issued by the International Criminal Court, was received by Interpol Manila in the early morning of March 11. Upon Duterte's arrival at the Ninoy Aquino International Airport from Hong Kong, the Prosecutor General served the ICC notification for an arrest warrant, and he was subsequently taken to Villamor Air Base.
PhilSTAR L!fe received a copy of the arrest warrant specifying the details of the criminal charges. Below are some of the key points of the document.
Dutere's alleged crimes are within jurisdiction of the court
The ICC stated that the case against Duterte still falls within their jurisdiction even though he withdrew the Philippines from the ICC in 2019 after the Hague-based tribunal started probing allegations of human rights abuses committed in his war on drugs.
"The Chamber recalls, that while the Philippines' withdrawal from the Statute took effect on 17 March 2019, the Court retains jurisdiction with respect to alleged crimes that occurred on the territory of the Philippines while it was a State Party from 1 November 2011 up to and including 16 March 2019," the court explained.
"It further recalls that the Court's jurisdiction and mandate is exercised in accordance with the provisions of the Statute, an international treaty to which the Philippines was a party at the time of the alleged crimes for which the investigation was authorized," they added.
By consenting to the treaty, the Philippines explicitly accepted the jurisdiction of the ICC, causing obligations to "remain applicable, notwithstanding the Philippines' withdrawal from the Statute."
Since Duterte's alleged crimes took place between November 2011 and March 16, 2019, the ICC can still decide on the case.
Davao Death Squad
Among the points brought up by the ICC on why they arrested Duterte is his infamous "Davao Death Squad" (DDS) group, which had "targeted a very large number of persons allegedly involved in criminal activities, in particular drug-related ones."
"The Chamber finds that there was a course of conduct involving the commission of multiple acts against the civilian population on the territory of the Philippines," the document read.
"Moreover, these violent acts were initially committed by the DDS and subsequently by different governmental authorities and organs, pursuant to a policy aiming at putting an end to the criminality in the Philippines by all means, including killings of alleged criminals," it added.
The ICC is convinced that an "attack" was directed at the civilian population following this and that this was "both widespread and systematic."
"The attack took place over a period of several years, and thousands of people appear to have been killed... [T]he killings shared common features, such as the location and modus operandi, including the method of killing, the profiles of victims, and the profiles of perpetrators," the court said.
Crimes against humanity of murder
The ICC stressed that there are "reasonable grounds" to believe that Duterte committed crimes against humanity of murder as he used the DDS as "tools to commit the crimes" on the civilian population.
"Considering Mr. Duterte's role and position during the relevant period as the mayor of Davao City and the president of the Philippines and the fact that he was the head of the DDS, the Chamber finds that he necessarily knew about the operations and their scope," they stated.
"He had the power to appoint key law enforcement officials and create the National Network, which killed those identified as alleged criminals and shielded perpetrators from being held accountable for their crimes," they added.
While prosecutors alleged that some acts also amounted to torture and rape, which are also among the forms of crimes against humanity, the ICC said that there is insufficient data to prove this.
Duterte's contributions to the alleged crimes
According to the warrant, Duterte designed and disseminated a project aimed at targeting alleged criminals, including during his presidential campaign, and provided the DDS "with firearms, ammunition, vehicles, safehouses, and communications equipment to perpetrate the killings."
He also allegedly instructed and authorized violent acts to be committed against suspected criminals and appointed key personnel to positions that were crucial in executing the crimes.
Other contributions he reportedly made include offering financial incentives and promotions to police officers and "hitmen" to kill the suspects, making public statements promoting killings and dehumanizing alleged criminals, and authorizing state actors to take part in the anti-drugs campaign and revoking such authorizations.
Why Duterte had to be arrested
According to the ICC, the controversial politician needed to be arrested to ensure his appearance before the court.
"There is no reasonable expectation that he would cooperate with summons to appear issued by the Court," they explained.
"The Chamber observes that Mr. Duterte, even though no longer the president of the Philippines, appears to continue to wield considerable power," they added.
The document also detailed that the warrant was issued in secret on March 7.
Duterte is expected to be turned over to The Hague in the Netherlands, where the ICC tribunal is based, as soon as possible.
