ILOILO City – The International Criminal Court’s (ICC) Pre-Trial Chamber has classified former President Rodrigo Duterte as an “indirect co-perpetrator” in the crimes against humanity case related to his administration’s deadly war on drugs.
Atty. Angelo Karlo T. Guillen, secretary general of the National Union of Peoples’ Lawyers – Panay Chapter, explained the legal basis for this classification, citing international law’s broader approach to liability for state-sanctioned violence.
“The order issued by the Pre-Trial Chamber I of the International Criminal Court for the arrest of former President Rodrigo Duterte… describes the nature of his criminal liability as that of an indirect co-perpetrator under Article 25(3)(a) of the Rome Statute,” noted Guillen, a human rights advocate.
Under this mode of liability, the ICC holds that perpetrators need not be physically present at crime scenes to bear responsibility.
“One is unlikely to find Duterte’s fingerprints on any murder weapon used in the thousands of drug war killings, his signature in any document explicitly directing the murder of any specific individual, or even the slightest hint of his shadow at any crime scene. This dissociation, however, does not make Duterte any less guilty than the low-level police officer or operator who actually pulled the trigger or took part in the deadly raid,” explained Guillen who, in March 2021, survived a brutal assassination attempt. Assailants stabbed him in the head, leaving a screwdriver lodged in his skull.
The concept of indirect co-perpetration combines two legal theories: indirect perpetration and co-perpetration. According to Guillen, the ICC applied this mode of liability in the Duterte case by examining his role in creating policies that enabled the killings and his control over law enforcement agencies such as the Philippine National Police (PNP), the National Bureau of Investigation (NBI), and the Philippine Drug Enforcement Agency (PDEA).
“State officials, according to the ICC in the Lubanga case, may qualify as co-perpetrators if, at the planning, preparation, or execution stage, they made essential contributions with the resulting power to frustrate the commission of the crime,” pointed out by Guillen who, in 2022, was internationally recognized with the Roger N. Baldwin Medal of Liberty by Human Rights First – first Filipino to receive this honor bestowed upon individuals who have made significant contributions to the advancement of human rights at great personal risk.
The ICC’s Pre-Trial Chamber specifically referred to Duterte’s role in the formation of the Davao Death Squad and his influence over key government agencies tasked with implementing the anti-drug campaign.
“The Pre-Trial Chamber… concluded that Duterte, considering his role, rank, and contributions, ‘had the power to frustrate’ the commission of crimes against humanity, thereby reinforcing its conclusion as to the nature of his liability,” Guillen stated.
He emphasized that under international criminal law, high-ranking officials can be held accountable even if they did not personally commit the acts.
“The degree of criminal responsibility does not diminish as the distance from the actual act increases; in fact, it often grows,” Guillen said, quoting legal scholar Gerhard Werle.
Guillen also noted that the ICC’s arrest order acknowledged that Duterte was not alone in bearing responsibility.
“Other co-perpetrators are occupying various positions in government and the security sector and bear responsibility for crimes against humanity in the context of the ‘war on drugs,’” he said.
With the ICC proceedings moving forward now following Duterte’s arrest on March 11,Guillen remarked that international law offers a comprehensive framework for holding state officials accountable.
“Properly attributing liability to state officials can be accomplished using the prism that is the Rome Statute,” he said./PN
