As world institutions tremble, The Hague unexpectedly becomes the stage for a long-denied reckoning in the Philippines.
The hearings at the International Criminal Court (ICC) in late February offered a rare glimpse of accountability at a moment when global standards are becoming increasingly weak. The court held a hearing in the case against former Philippine President Rodrigo Duterte to confirm allegations of crimes against humanity committed during the so-called “war on drugs.”
For families of those killed in the “drug war” watching tearfully from the public gallery, the trial marked the first real step toward justice after years of violence, denial and dehumanization of their loved ones. Filipino lawyer and victim advocate Joel Butuyan told the court, “Truth is the antidote to the virus of impunity.”
A three-judge panel — women from Romania, Mexico and Benin — heard arguments from prosecutors, victims’ lawyers and Duterte’s defense lawyers. Their task is not to determine guilt, but to assess whether there is enough evidence for the case against Duterte to proceed to trial.
The case focuses on 49 incidents of murder and attempted murder involving 78 victims, including children, between November 2011 and March 2019, when the ICC still had jurisdiction over the Philippines. In March 2018, soon after a former ICC prosecutor announced a preliminary investigation into the Philippines’ situation, Duterte withdrew the Philippines from the court’s membership, which became final a year later.
The case against Duterte covers his tenure as mayor of Davao City in the southern Philippines and the period after he was elected president in 2016. Prosecutors stressed that the specific incidents they focused on represented only a fraction of the thousands of killings attributed to police and hitmen during the anti-Duturg campaign.
I sat in the public gallery with victims’ families, activists, pastors, journalists and lawyers as they witnessed a moment many from the Philippines did not think possible. Duterte’s supporters were also there. But Duterte was absent as he waived his right to appear. His written statement was that he did not recognize the jurisdiction of the court and declared that he had “kidnapped”. His refusal to appear has obviously disappointed the victims’ families, who had hoped to see him in the dock.
Yet his voice echoed through the court premises. Prosecutors played video after video of Duterte urging police to kill drug suspects and ignore legal sanctions. In a chilling 2016 speech, he warned: “If I become president, I will order the military and the police to hunt down the drug lords, the big guys, and kill them.” Duterte’s lawyers argued that prosecutors were selective in their approach to the speeches and that they missed crucial information that could have exonerated Duterte, including references to the use of force in self-defense.
Human Rights Watch has been reporting on Duterte’s “drug wars” since 2009, when we detailed the operations of the “Davao Death Squad” that targeted street children, petty criminals, and drug suspects when Duterte was mayor. A 2017 Human Rights Watch report showed how Duterte’s “drug war” escalated nationwide after he was elected president.
The panel now has 60 days to decide whether the case will proceed to trial. But as the ICC cautions, drug-related killings in the Philippines continue, albeit down from their peak during the Duterte administration.
Domestic accountability is woefully inadequate. Nearly 10 years after the nationwide “drug war” began, five cases have resulted in the conviction of a total of nine police officers. Most of the responsible people including senior officials are untouchable.
The political context is also full. Sending Duterte to The Hague could be in line with current President Ferdinand Marcos Jr., allowing him to distance himself from the bloody excesses of his predecessor. But Duterte’s alleged co-criminals — senior police officers and officials who helped transplant Davao City’s “neutralization” strategies onto the national stage — still have influence or are in hiding.
The security architecture that enabled the killings within the national police force remains largely intact. With the wrong political signal, violence can easily flare up again.
Marcos now faces a critical choice. They can continue to outsource justice to the ICC and tolerate a culture of impunity at home. Or they can demonstrate accountability and a genuine commitment to the rule of law. Doing so would require a clear, public repudiation of the decade-long police operation that underlies the anti-drug campaign and a clear assurance that its methods are no longer acceptable state policy.
Marcos should also authorize the Department of Justice to diligently pursue investigations and prosecutions and take steps to rejoin the ICC, which would help strengthen domestic accountability efforts. Without credible domestic action, promises of reform will ring hollow.
This is a moment of reckoning for the Philippines. Families waiting years for answers deserve more than political favors; They deserve justice. Whatever decision the ICC makes in the coming months, the Philippine government need not — and should not — wait. Ending impunity and respecting victims’ dignity starts at home.
The views expressed in this article are the author’s own and do not reflect the editorial position of Al Jazeera.
(tags for translation)Opinions
