Duterte’s “war on drugs,” a bloody anti-illegal-narcotics campaign defined by

SUBSCRIBE SUBSCRIBE
mass extrajudicial killings that left an estimated more than 6,000 people dead.

WORLD PHILIPPINES The investigation was initially put on hold at the request of the Philippines in
Where the ICC Probe Into Former Philippine President November 2021, but in January 2023, the ICC announced that it was resuming
Rodrigo Duterte’s Drug War Stands its investigation, and in July, it rejected the country’s grounds for appeal.

After Duterte left office last year, his successor Ferdinand Marcos Jr. said, “the
Philippines has no intention of rejoining the ICC.” But more recently, Marcos
has admitted that he’s considering rejoining the court, as some lawmakers have
requested that the new government cooperate with the investigation. Only one
other state, Burundi in 2017, has withdrawn from the ICC, which has 123
members.

“Should we return under the fold of the ICC?” Marcos told reporters in Metro
Manila Friday. “That’s again under study. So, we’ll just keep looking at it and
see what our options are.”

More From TIME

Rodrigo Duterte speaks at the 25th International Conference on the Future of Asia, in Tokyo, May 31, 2019. Tomohiro
Ohsumi—Getty Images

Next Up
BY CHAD DE GUZMAN
Former U.K. Prime Minister Boris Joh…
NOVEMBER 27, 2023 6:35 AM EST
04:43

A s President of the Philippines in March 2019, Rodrigo Duterte withdrew

the country from being a party to the International Criminal Court. But it 01:24 / 01:28
was too late to stop a probe the ICC had started in 2016 that was looking into
But at the same time, Marcos has emphasized his continuing opposition to the kill criminals and civilians in their fight against crime, and ordered his then-
SUBSCRIBE SUBSCRIBE
ongoing ICC investigation into his predecessor. customs bureau chief to shoot drug smugglers.

“It’s not right for outsiders, foreigners to tell us who our police should
investigate, who our police should arrest, who our police should imprison,” he
told reporters in Tagalog. “That’s not right. Only Filipinos should do that. We
have our police, anyway. We have our National Bureau of Investigation, anyway.
We have our Justice Department. They can do that job.”
To date, however, no independent Philippine investigation has been made into
Duterte’s drug war.
Read More: Leila de Lima Is Free but Not Finished Fighting: Exclusive Q&A
With Duterte’s Fiercest Critic
Here’s what to know about the ICC investigation.
What is the ICC investigating?
Government records say more than 6,000 have been killed in anti-drug
operations since June 2016 until May 31, 2022, a month before Duterte’s
presidential term ended, but human rights groups estimate that the death toll
may be as high as 30,000.
Bensouda announced that the ICC will conduct a preliminary examination of
these deaths in February 2018. The pre-trial investigation began five years later
on Sept. 15, 2021—covering crimes allegedly committed in the country between
Nov. 1, 2011 and March 16, 2019, ,the day before the country’s withdrawal from
the ICC. This expands the scope of the investigation beyond the Duterte
presidency’s “war on drugs” to also include killings during Duterte’s time as
Davao city mayor. Judges ruled that the “crime against humanity of murder
appears to have been committed” and that cases that come out of the probe will
fall into the court’s jurisdiction.

Former ICC Prosecutor Fatou Bensouda first made note of the violence in
Duterte’s drug war in October 2016. At the time, Bensouda flagged that the
Philippines already reported some 3,000 extrajudicial killings of alleged drug
users and pushers since the government began its anti-narcotics campaign in
June.

Duterte founded his presidency on this “war on drugs” where he repeatedly

threatened to “kill” those involved in the illegal drug trade. A similar campaign
was also present during Duterte’s time as long-time mayor of the southern
Philippine city of Davao, where he supposedly had a “death squad” carry out
his orders.

Rights groups say Duterte’s provocative remarks enabled state forces to

commit summary executions and extrajudicial killings. When he was President,
he urged Filipino citizens to kill drug dealers, vowed to pardon policemen who Portraits of alleged victims of the Philippine “war on drugs” are displayed during a protest of Duterte’s State of
the Nation Address, in Manila, Monday, July 22, 2019. Richard James Mendoza—NurPhoto/Getty Images

SUBSCRIBE
What has Duterte himself said about the investigation?
From the get-go, Duterte has rejected the ICC investigation. Weeks after the
statement from Bensouda, he publicly attacked the ICC, calling it “useless,” and
threatened to withdraw the country from the court.
In March 2018, a month after the ICC launched a preliminary inquiry into the
Philippines’ drug war, in a 15-page-statement, Duterte expressed outrage and
unilaterally announced the country’s withdrawal from the court’s foundational
treaty the Rome Statute, because of “baseless, unprecedented and outrageous
attacks” from U.N. officials and the ICC’s actions which were “in violation of
due process and the presumption of innocence expressly guaranteed by the
Philippine Constitution.”
The Philippines ceased to be a member of the court a year later on March 17,
2019, but the ICC has since ruled that prosecutors may still investigate the
alleged “crimes against humanity of murder” in the country, because they
occurred when the Philippines was still a party to the statute.
“You do not scare me that you will jail me in the International Criminal Court. I
will never allow myself to answer these whites,” Duterte said in December 2019.
“I will never, never, never answer any question coming from you. It’s bullshit to
me. I am only responsible to the Filipino. Filipinos will judge… And if you hang
me for all what I did, go ahead. It will be my pleasure.”
What could happen next?
ICC investigations may or may not lead to trials, according to an analysis by
Human Rights Watch. If, during investigations, the prosecutor finds sufficient
evidence to prosecute, they must identify a suspect and request for either an
arrest warrant or a summons to appear. A group of pretrial judges ultimately
decides whether a case should be brought to trial.
The ICC, however, has limited powers, since its function is to complement
SUBSCRIBE
countries’ judiciary systems. It prosecutes only in the absence of genuine,
independent legal proceedings, and it neither has its own police force or
independent enforcement mechanisms. The level of success for investigation
and prosecution depends on how cooperative participant countries are.
Arrests, in particular, remain difficult. ICC judges have issued 40 arrest
warrants since the court’s inception in 2002, but 15 still remain at large.
Russian President Vladimir Putin, for example, has had an ICC-issued arrest
warrant issued against him since March, but analysts believe the chances of
apprehending him are slim to none.
MORE MUST-READS FROM TIME
For Antony Blinken, the War in Gaza Is a Test of U.S. Power
How Trump Took Control of the GOP Primary
Inside the Nuclear Fusion Facility That Changed the World
Jane Fonda : You Can’t Have Healthy People On a Sick Planet
Breaking Down the Science of Science-ified Foods
Jodie Foster on Returning to Her Killer-Hunting Roots
Taylor Swift Is TIME's 2023 Person of the Year
Want Weekly Recs on What to Watch, Read, and More? Sign Up for Worth
Your Time
CONTACT US AT LETTERS@TIME.COM
Earn more with minimal investments on Amazon CFD
Amazon | Sponsored
If you have a mouse, play this game for 1 minute and see why
everyone is addicted.
No Installation. Play for free.
Combat Siege | Sponsored Get personal assessment of your best Canadian visa option, based on your profile.
SUBSCRIBE Canadian Visa Professionals | Sponsored
SUBSCRIBE
Sign Up

Brunei’s ‘Hot’ Prince Marries Commoner in Grandiose 10-Day

Wedding Ceremony If you have a mouse, you have to play this game.
Prince Abdul Mateen, long considered one of the world’s most swoon-worthy royals and No Installation. Play for free.
one of Asia’s “most eligible bachelors,” is officially off the market. Combat Siege | Sponsored

TIME

Amazon CFDs: A smart choice for extra income

Actor Christian Oliver and 2 Daughters Die In Caribbean
Amazon | Sponsored
Plane Crash
Police identified the daughters as Madita Klepser, 10, and Annik Klepser, 12, adding that
the pilot, Robert Sachs, also died.
TIME

Amazon CFDs: A smart choice for extra income

Amazon | Sponsored
Earn Up to $6K/Month Working Remotely From Home (See
Offers)
Vyager | Sponsored

Second salary: see how to do it with Amazon CFDs

CPX | Sponsored Sign Up

Brunei’s ‘Hot’ Prince Marries Commoner in Grandiose 10-Day

Wedding Ceremony
Prince Abdul Mateen, long considered one of the world’s most swoon-worthy royals and
one of Asia’s “most eligible bachelors,” is officially off the market. Home Entertainment
TIME
U.S. Ideas

Politics Science
If you have a mouse, play this game for 1 minute and see why
everyone is addicted. World History

No Installation. Play for free. Health Sports

Combat Siege | Sponsored
Business Magazine

Tech The TIME Vault

Canada is looking for skilled immigrants from Philippines! Personal Finance by TIME Stamped TIME For Kids
 Shopping by TIME Stamped TIME CO2
SUBSCRIBE
Future of Work by Charter Coupons

TIME Edge Press Room

Video TIME Studios

Masthead U.S. & Canada Customer Care

Newsletters Global Help Center

Subscribe Contact the Editors

Subscriber Benefits Reprints and Permissions

Give a Gift Site Map

Shop the TIME Store Media Kit

Careers Supplied Partner Content

Modern Slavery Statement About Us

© 2023 TIME USA, LLC. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Service, Privacy Policy (Your California
Privacy Rights) and Do Not Sell or Share My Personal Information.
TIME may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.