How Duterte’s “War on Drugs” turns into “Crimes Against Humanity”

Since its inauguration in 2016, Philippine President Rodrigo Duterte issued one of his policies which is quite popular, namely the "war on drugs." This war is meant literally, by killing every suspected drug dealer. Most victims were executed without trial. Since its inauguration in 2016, Philippine President Rodrigo Duterte issued one of his policies which is quite popular, namely the "war on drugs." This war is meant literally, by killing every suspected drug dealer. Most victims were executed without trial.

This policy is actually a continuation of the policy he did when he was still the Mayor of Davao. When becoming Mayor of Davao, Duterte faced the problem of high crime rates in the city. Based on police data, from 2010 to 2015, Davao is the city with the highest murder rate in the Philippines, ranking second highest level of rape, and the fourth highest number of index crimes. In order to stop the crime, Duterte issued an uncommon policy: finish off the criminal. In his statement on May 15, 2015, Duterte said: "We're the ninth safest city. How do you think I did it? How did I reach that title among the world's safest cities? Kill them all [criminals]."

To implement his policy, he formed an executive team called the "Davao Death Squad", (abbreviated DDS) which was first conceptualized by the Regional Commander of the Integrated National Police, Dionisio Tan-Gatue Jr. This policy is enough to get him to get attention from the international community. Duterte was linked up with as many as 1,400 extrajudicial killings of criminals and street children committed by the DDS, according to Amnesty International and Human Rights Watch. In the April 2009 UN General Assembly of the Human Rights Council, the UN report (Eleventh Session Agenda item 3, par 21) said, "The Mayor of Davao City has done nothing to prevent these killings, and his public comments suggest that he is, in fact, supportive.”

This policy was then brought to a greater extent when he became president. However, the target is more specific. Duterte is now targeting more drug dealers and drug users. Duterte called his country a "narco-state", although according to the United Nations Office on Drugs and Crime (abbreviated UNODC), the prevalence of drug use in the country was below the global average. In the first three months he served (July to September 2016), according to police figures, over 3,000 killings were attributed to his nationwide anti-drug campaign. More than half were attributed to vigilantes. Duterte has dismissed human rights concerns by dehumanizing drug users, stating in August 2016: "Crime against humanity? In the first place, I'd like to be frank with you. Are they humans? What is your definition of a human being?"

The number of victims of extrajudicial killings is uncertain. Data released by Derrick Carreon, head of the Philippine Drug Enforcement Agency (abbreviated PDEA) said the number of victims from July 2016 to November 2018 "only" reached 5,050 people. However, different data released by the Chairman of the Philippine Human Rights Commission, Chito Gascon stated that according to their records the death toll of the "war on drugs" in the country reached 27 thousand people. They claimed they were having trouble investigating because the police were holding back reports of drug operations. These extrajudicial killings finally seriously questioned by the international community after in February 2018, Prosecutor Fatou Bensounda of the International Criminal Court (abbreviated ICC) planned to conduct an initial investigation into extrajudicial killings by the Duterte government. The accusation was very severe: crimes against humanity according to Article 7 Rome Statute. The investigation was conducted in response to complaints made by Jude Sabio, a Philippine lawyer.

The investigation apparently made Duterte angry. The following month, Duterte immediately made a written notification stating that the Philippines withdrew from the Rome Statute, which was the basis for the establishment of the ICC. Philippine presidential spokesman Salvador Panelo stated that the Philippines had never really been a member of the ICC. In accordance with the provisions of Article 127 paragraph 1 of the Rome Statute, withdrawal shall take effect one year after the notification is received. On March 17, 2019, the Philippines officially withdrew from the membership of the Rome Statute.

Although the Philippines is no longer a member of the Rome Statute, Prosecutor Fatou Bensounda warned that the ICC still has jurisdiction over the case and Duterte together with other officials suspected of involvement can still be examined by the ICC. He referred to Article 127 paragraph 2 of the Rome Statute which states that a country withdrawing from an ICC membership will not be released from all its responsibilities while still a member. In the case of Duterte, this meant that any allegations of extrajudicial killings committed since he was mayor of Davao until March 17, 2019 could still be examined by the ICC. Panelo denied that the ICC would violate its own rules if it started an initial investigation after the Philippines withdrawal from the ICC.

As a member of the United Nations, the Philippines has signed and ratified several international conventions, including the International Convention on Civil and Political Rights (abbreviated ICCPR). In this Convention it has regulated the right to life. In Article 6 paragraph 1, everyone has the right to live and live protected by law. Even if there is a death sentence in a country, the sentence must be enforced in accordance with the country's national law and through the final decision of a competent court. That means, the death penalty should not be carried out outside the court. Every death sentence imposed outside the court is against law and humanity. Furthermore, all people suspected of committing a crime must obtain equality before the law and proper judicial process as explained in Article 14 paragraph 1 and 2 of the ICCPR.

The provisions used by the ICC to prosecute Duterte are Article 7 paragraph 1 of the Rome Statute concerning crimes against humanity. In the article, it was explained that all systematic attacks on any civilian population, including murder were crimes against humanity. The intended killings are all killings which are not based on legal proceedings in accordance with article 6 paragraph 2 and Article 14 paragraph 1 and 2 of the ICCPR. However, it must be understood that the ICC does not have the authority to arrest the perpetrators of crimes and sincerely hopes for cooperation from the country of origin of the perpetrators. Therefore, the attitude of the Philippines which refused to cooperate with the ICC is certain to make the investigation of this case very heavy. Human rights activists in the Philippines worry about widespread extrajudicial killings, even though the Presidency has denied this.Therefore, international efforts are needed to pressure the Philippines to cooperate with the ICC. This is needed in order to create a legal and human "war on drugs". The goal is of course that the Philippine Government can be a protector of its people without having to be a "predator" for them.

It is also good for the Philippines to take the initiative to cooperate with the ICC. This is so that the Philippine government can be respected by the international community and can be a good example in international law enforcement. If Duterte is indeed innocent, he certainly does not need to be afraid to face trials at the ICC. However, if the withdrawal was carried out because he was indeed suspected of being involved, then as Senator Antonio Trillanes said, he "practically admitted that he was guilty of the charges raised."