ICC cites ‘reasonable grounds’ in issuing Duterte’s arrest order

Former President Rodrigo Duterte. | AFP FILE PHOTO

MANILA, Philippines — The International Criminal Court (ICC) has cited “reasonable grounds” in issuing an arrest warrant for former President Rodrigo Duterte for the crimes against humanity he allegedly committed during his administration’s bloody war against drugs.

Based on a copy of the arrest warrant obtained from the National Union of People’s Lawyers (NUPL), ICC Pre-Trial Chamber I Presiding Judge Iulia Antoanella Motoc issued the order on Friday, March 7,  but was certified by ICC Registrar Osvaldo Zavala Giler on March 10.

According to the warrant, the chamber believes Duterte is “individually responsible” for the crime against humanity of murder “as an indirect co-perpetrator within the meaning of article 25(3)(a) of the Statute.”

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Reasonable grounds

The chamber also found “reasonable grounds” to believe that Duterte established and headed the so-called “Davao Death Squad” or DDS, composed of police officers and civilian hitmen whose mission was to kill suspects.

“There are reasonable grounds to believe that this attack was both widespread and systematic: the attack took place over a period of several years, and thousands people appear to have been killed,” the warrant reads, noting that the DDS was initially called the “Lambada Boys” when Duterte first became Davao mayor in 1998.

READ: Rodrigo Duterte in custody: Former president’s ally, netizens react

“The material before the Chamber shows that the 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,” it adds.

The chamber also found reason to believe that Duterte and state forces agreed to “neutralize” individuals identified as criminals not limited to drug offenders “ initially in Davao and subsequently throughout the country.”

READ: Rodrigo Duterte: ICC warrant served, former president under police custody

Duterte arrest

Furthermore, the chamber believed that at least 19 individuals were killed by DDS in Davao City and 24 more under the supervision of Philippine law enforcers.

The chamber explained the arrest of Duterte is “necessary” to ensure his appearance before the ICC because “there is no reasonable expectation that he would cooperate with a summons to appear issued by the Court.”

“The Chamber observes that Mr Duterte, even though no longer the President of the Philippines, appears to continue to wield considerable power,” the warrant reads.

“Mindful of the resultant risk of interference with the investigations and the security of witnesses and victims, the Chamber is satisfied that the arrest of Mr Duterte is necessary within the meaning of article 58(1)(b)(i) of the Statute to ensure his appearance before the Court,” it adds.

Prosecutor General Anthony Fadullon served the arrest order to Duterte on Tuesday morning upon his arrival at the Ninoy Aquino International Airport from Hong Kong.

As of writing, Duterte is in the custody of police at the Villamor Airbase.