Philippine Coalition for the International Criminal Court (PCICC)
Public Statement
15 January 2025
The Philippine Coalition for the International Criminal Court (PCICC) welcomes the House Quad Committee’s recommendation to prosecute Former President Duterte and other high officials of the government who have been responsible for the systematic and massive extrajudicial killings in our country.
However, we remain deeply troubled by the persistent shadow of extrajudicial killings, the culture of impunity and decades-long injustice. The victims of the drug war and their families have been yearning for justice for far too long.
We urgently appeal to the Philippine government to consider our recommendations and adopt them as New Year’s resolutions of the Philippine state.
Decades of extrajudicial killings and Impunity initially in Davao then nationwide
The Davao Death Squads (DDS) emerged in the 1990s when Rodrigo Duterte became Mayor of Davao City. He vowed to make the city “the most dangerous place for criminals” and declared that “criminals, especially drug pushers, kidnappers, and rapists, are legitimate targets of assassination.” Under his leadership, individuals, including children, were targeted for petty crimes and drug-related activities, resulting in numerous deaths without accountability.
As a lawmaker, Duterte advocated stricter anti-drug laws, pushing for all drug arrests to be non-bailable and reclassifying all drug-related crimes as heinous under Republic Act 6425. This law was later replaced by RA 9165, the “Comprehensive Dangerous Drugs Act of 2002.”
The extrajudicial killing strategy from Davao City spread to other cities and municipalities in Mindanao and the Visayas. According to 2005 US State Department cables released by WikiLeaks, human rights organizations and the Catholic Church protested these killings, but they remained popular among the public in Davao and Cebu. From 1998 to 2015, the Coalition Against Summary Executions (CASE) reported 1,424 victims of “summary executions” in Davao City, with the youngest being a 12-year-old boy. Duterte even advised, “Do not bury the criminals that you have killed… throw them to sea.”
When Rodrigo Duterte became President in July 2016, the extrajudicial killings associated with the War on Drugs became a nationwide issue. By August 2016, just two months after the nationwide announcement, over 850 people had been killed. By the end of Duterte’s presidency, approximately 30,000 people had been killed, with 6,235 deaths occurring during police operations.
Despite President Ferdinand Marcos, Jr.’s public statements focusing on treatment, rehabilitation, and integration, Dahas.org reports that there have been at least 854 drug-related killings nationwide during his 2.5 years in office.
The UN on death squads and extrajudicial killings
The UN and several human rights organizations have reported on the existence of death squads in Davao, continuing through the nationwide War on Drugs and changes in the presidency. Despite these reports, the Philippine government has yet to fully commit to addressing extrajudicial killings and implementing policies and laws to radically change the situation.
In 2007, UN Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, Philip Alston, stated: “A death squad operates in Davao City, with men routinely killing street children and others in broad daylight.” He recommended that Mayor Duterte be stripped off his control over the local police and that the national government take responsibility for dismantling the death squad and prosecuting its members. Alston emphasized that dismantling the death squad would require following the evidence to those who direct the hitmen.
In 2016, Agnes Callamard, UN Special Rapporteur on Summary Executions at the time, called for an end to the summary executions, asserting that the fight against illicit drug trade does not absolve the Philippine government from its international legal obligations. She stressed that drug charges must be judged in a court of law, not by gunmen on the streets. UN Special Rapporteur on the Right to Health, Dainius Pūras, stated that drug dependency should be treated as a public health issue and that justice systems should decriminalize drug consumption and possession for personal use to improve health outcomes.
In 2019, the UN Human Rights Council voted to investigate alleged crimes committed in the context of the Philippines’ War on Drugs through a detailed written report by the High Commissioner. The UN report, published in June 2020, highlighted how years of lack of accountability for human rights violations have created a culture of impunity in the country. The report described the “systematic and widespread killing of thousands of alleged drug suspects” amid incitement to violence at the highest levels of government. The resolution also called for the UN to provide technical assistance to the Philippines in areas such as accountability, data gathering on police violations, civic space, counter-terrorism legislation, and a rights-based approach to drug control.
Current stance of the Philippine government
President Marcos Jr. committed to respecting human rights and focusing on treatment, rehabilitation, and integration in the war on drugs. However, he has maintained a position of non-cooperation with the International Criminal Court (ICC), delaying progress in investigations of crimes against humanity. Under the Duterte and Marcos Jr. administrations, only eight policemen have been convicted for the extrajudicial killings of five victims. In 2021, UN-Philippine Joint Program (UNJP) was established to address the widespread and systematic killings in the War on Drugs, but it had little impact by the time it concluded.
RECOMMENDATIONS
A. State-sanctioned murders have no place in a democracy committed to human rights and humanitarian law. Therefore:
We recommend thorough investigations and prosecutions of both the direct perpetrators of killings and those who instigated, emboldened, and rewarded them. This should be pursued seriously in Philippine courts and at the International Criminal Court (ICC). Justice must be served for all those killed in the drug war, including the 30,000 during the nationwide campaign, as well as those killed before July 1, 2016, and after June 30, 2022, to break the cycle of impunity. The Philippines should view the ICC not as an enemy or intruder but as a venue for justice that complements the Philippine courts, as recognized by the international community and the Philippine Supreme Court. The Philippines should cooperate with the ICC, particularly for prosecuting crimes against humanity from November 1, 2011, to March 16, 2019, while the Philippine courts should handle cases outside the ICC’s jurisdiction.
B. The killing of people involved in drugs and other crimes must not be supported by leaders and citizens, as murder is against the laws of our land, including the Philippine Constitution and other international and local laws. We have already abolished the death penalty.
Therefore:
- Dismantle the Death Squads. We recommend the national government lead the dismantling of death squads in all their forms. While prosecuting perpetrators, leaders, and supporters of these killings is essential, a comprehensive and rigorous plan is needed to dismantle death squads in cities and municipalities. Those who instigate death squad killings must be removed from any government institutions.
- Legislate a Public Health Approach. We recommend that Congress immediately craft rights-based laws with a public health approach to replace the existing punitive Dangerous Drugs Act. This should include recommendations from the multi-sectoral Philippine Summit on Law and Policy Reform on Drugs in mid-2024. Congress should also conduct oversight hearings on the implementation of laws as a form of checks and balances in governance.
- Assess the Drug Policy and Approach. We recommend that the three branches of government and various sectors of society conduct a serious assessment of how our nation failed to stop death squad executions while they were still localized. This should lead to a more comprehensive approach for healing, justice, and respect for human rights and the rule of law. Areas to be examined include investigations involving public officials, the independence of the Ombudsman, witness protection, the role of prosecutors, case determination, forensics, evidence handling, and the rights of families and legal counsels to access government reports.
- Eradicate the Culture of Impunity. We recommend that the Philippine government take comprehensive actions to stop the culture of impunity, death squad mentality, and corruption that has historically seeped into the consciousness of some people and leaders. The death squad justice mentality must be eradicated from the minds and hearts of our citizens.
- Build a Culture of Human Rights. Rigorous education on human rights and justice must be integrated at all levels of education, both private and public, and included in the Philippine Human Rights Action Plan as soon as possible. A culture of human rights should also be integrated into community development efforts, encouraging parents and family members to foster a culture of truth, honesty, compassion, and kindness, and to become responsible members of society.
We reiterate our rejection of the bloody war on drugs in the Philippines. Tens of thousands of lives have been lost, families traumatized, and justice and reforms are still awaited. The human cost of “death squad justice” is immense, with families suffering from emotional damage, stigma, and discrimination. We must undergo a cultural transformation to respect human lives and rights and ensure remedies for these wrongs.
Let us turn our aspirations for justice and accountability into reality.