ICC-01/21-80-Red 13-03-2025 1/54 PT

Original: English No.: ICC-01/21

Date: 13 March 2025

PRE-TRIAL CHAMBER I

Before: Judge Iulia Motoc, Presiding Judge

Judge Reine Alapini-Gansou
Judge María del Socorro Flores Liera

SITUATION IN THE REPUBLIC OF THE PHILIPPINES

PUBLIC

Public redacted version of “Prosecution’s urgent application under article 58

for a warrant of arrest against Rodrigo Roa DUTERTE”, 10 February 2025,
ICC-01/21-80-US-Exp

Source: Office of the Prosecutor

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Document to be notified in accordance with regulation 31 of the Regulations of the

Court to:

☒ The Office of the Prosecutor ☐ Counsel for the Defence

☐ Legal Representatives of the Victims ☐ Legal Representatives of the Applicants

☐ Unrepresented Victims ☐ Unrepresented Applicants

(Participation/Reparation)

☐ The Office of Public Counsel for ☐ The Office of Public Counsel for the
Victims Defence

☐ States’ Representatives ☐ Amicus Curiae

REGISTRY

Registrar ☒ Counsel Support Section

M. Osvaldo Zavala Giler

☐ Victims and Witnesses Unit ☐ Detention Section

☐ Victims Participation and Reparations ☐ Other

Section

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I. INTRODUCTION .......................................................................................................... 4
II. CLASSIFICATION AND REQUESTS FOR SEALING AND REGARDING THE
FORM OF DECISIONS ISSUED .......................................................................................... 4
III. RELEVANT IDENTIFYING INFORMATION OF DUTERTE .............................. 5
IV. CONCISE STATEMENT OF FACTS ......................................................................... 5
V. ALLEGED CRIMES WITHIN THE JURISDICTION OF THE COURT .............. 8
VI. THERE ARE REASONABLE GROUNDS TO BELIEVE THAT DUTERTE
COMMITTED THE ALLEGED CRIMES........................................................................... 9
A. CATEGORIES AND TYPES OF EVIDENCE RELIED UPON ................................. 9
B. BACKGROUND ........................................................................................................ 10
1. DUTERTE became Mayor and established the Davao Death Squads to kill suspected
criminals ........................................................................................................................................ 10
2. The implementation of the Common Plan in Davao City ....................................................... 11
3. DUTERTE vowed to expand the ‘Davao formula’ across the Philippines as President ........ 14
4. The co-perpetrators prepared to expand the Common Plan nationwide ............................... 15
5. DUTERTE used his Presidential powers to empower the co-perpetrators and to establish an
expanded network of direct perpetrators ....................................................................................... 15
6. The implementation of the geographically expanded Common Plan and the launch of Double
Barrel ............................................................................................................................................. 17
7. Drug watch lists and rewards for killing targets .................................................................... 19
8. Temporary withdrawals of police participation to placate public outcry .............................. 20
C. THE CRIMES OCCURRED IN THE CONTEXT OF A WIDESPREAD AND
SYSTEMATIC ATTACK AGAINST THE CIVILIAN POPULATION ............................. 21
1. The co-perpetrators carried out an attack against a civilian population .............................. 22
2. The attack was carried out pursuant to or in furtherance of a State policy ........................... 24
3. The attack was both widespread and systematic .................................................................... 27
4. There is a nexus between the individual acts and the attack .................................................. 28
5. The perpetrators intended the conduct to be part of a widespread or systematic attack
against a civilian population ......................................................................................................... 28
D. DUTERTE COMMITTED CRIMES AGAINST HUMANITY ................................ 29
1. The crime against humanity of murder under article 7(1)(a)................................................. 29
2. The crimes against humanity of torture and rape under articles 7(1)(f) and 7(1)(g) ............ 39
E. DUTERTE IS CRIMINALLY RESPONSIBLE FOR THE ALLEGED CRIMES AS
AN INDIRECT CO-PERPETRATOR UNDER ARTICLE 25(2)(A) .................................. 41
1. DUTERTE and the co-perpetrators agreed to the Common Plan.......................................... 41
2. DUTERTE and his co-perpetrators controlled a structure of power and the will of the
individuals who perpetrated the crimes ......................................................................................... 44
3. DUTERTE made essential contributions to the crimes within the framework of the Common
Plan................................................................................................................................................ 46
4. DUTERTE had the intent and knowledge as an indirect co-perpetrator under article 25(3)(a)
for all the crimes ............................................................................................................................ 48
VII. JURISDICTION AND ADMISSIBILITY ................................................................. 50
A. JURISDICTION ......................................................................................................... 50
1. The Court has jurisdiction in the Philippines situation .......................................................... 50
2. The crimes fall within the factual parameters of the investigation ........................................ 51
B. ADMISSIBILITY ....................................................................................................... 51
1. There are no known relevant proceedings against DUTERTE .............................................. 52
2. The case against DUTERTE is sufficiently grave .................................................................. 52
VIII. NECESSITY OF ARREST .......................................................................................... 53
IX. REQUEST FOR URGENT CONSIDERATION OF THE APPLICATION ......... 53
X. CONCLUSION ............................................................................................................. 54

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I. INTRODUCTION

1. The Office of the Prosecutor applies under article 58(1) of the Rome Statute for a warrant
of arrest for Rodrigo Roa DUTERTE (“DUTERTE”).
2. This Application and the supporting evidence establish reasonable grounds to believe
that DUTERTE is responsible for crimes within the Court’s jurisdiction,1 namely: crimes
against humanity of murder, torture and rape committed in the Republic of the Philippines (“the
Philippines”) between 1 November 2011 to 16 March 2019, in violation of articles 7(1)(a),
7(1)(f), 7(1)(g) and 25(3)(a) of the Statute. DUTERTE’s arrest is necessary to ensure that he
appears at trial, and does not obstruct or endanger the investigation or the Court’s proceedings.2
3. The Prosecution requests that this Application be considered on an expedited basis in
order to maximise the chances of arrest, should the Chamber decide to issue a warrant.3

II. CLASSIFICATION AND REQUESTS FOR SEALING AND REGARDING THE

FORM OF DECISIONS ISSUED

4. Pursuant to regulation 23bis(1) of the Regulations of the Court, this Application and its
Annexes are filed under seal, ex parte, only available to the Prosecution,4 in order to: protect
the identity of victims and witnesses cited in this Application; maintain the integrity of the
ongoing investigation by keeping confidential the Prosecution’s sources of evidence and
specific avenues of inquiry; and avoid putting DUTERTE on notice that a warrant of arrest
may imminently be issued, allowing him to take steps to evade future arrest or obstruct the
investigation during the time that the Application is being considered by the Chamber, and
afterwards. In this regard, the Prosecution notes that DUTERTE and his close associates have
reportedly interfered with inquiries into extrajudicial killings implicating him in the past.5
5. For these reasons, the Prosecution respectfully requests that the Chamber issue its
decision on this Application, and the warrant of arrest, under seal and ex parte, only available
to the Prosecution.
6. The Prosecution further respectfully requests that any warrant of arrest is issued as a brief
stand-alone document separate from the decision on this Application without details which
could potentially identify the Prosecution’s sources of evidence—including victims or

1
Statute, article 58(1)(a). See also Katanga & Chui Interim Release AJ, para. 18; Al-Bashir AWA AD, para. 30.
2
Statute, article 58(1)(b)(i) and (ii).
3
See below XI. Request for Urgent Consideration of the Application.
4
See also Chambers Practice Manual, para. 3.
5
[REDACTED], PHL-OTP-00015528 at 0015, lines 529-534; [REDACTED], PHL-OTP-00015406 at 0010, lines
290-304, PHL-OTP-00015472 at 0004-0005, lines 73-121. See also United Nations Office of the High
Commissioner for Human Rights, PHL-OTP-0003-2892.

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witnesses or its specific avenues of inquiry—so that it may be transmitted to relevant States
and made public, when appropriate, with limited or no redactions. The Prosecution additionally
requests that any warrant of arrest does not refer to [REDACTED]. This will potentially aid in
seeking the arrest of DUTERTE, and/or collecting further evidence. In view of the
aforementioned urgency of the request, the Prosecution respectfully requests that the Chamber
consider issuing any warrant of arrest with reasons to follow.

III. RELEVANT IDENTIFYING INFORMATION OF DUTERTE

7. DUTERTE was born on 28 March 1945 in Maasin, Southern Leyte, the Philippines.6
DUTERTE was the President and head of state of the Philippines from 30 June 2016 to 30 June
2022,7 and formerly Mayor and Vice Mayor of Davao City in Mindanao in the southern
Philippines during the period 1988 to 2016.8 Prior to this, DUTERTE was a prosecutor in
Davao City from 1977-1986.9 Annex B contains a photograph of DUTERTE. DUTERTE’s
aliases or nicknames include ‘Superman’, ‘Charlie Mike’, ‘Digong’ and ‘Mayor Rody’.10
8. The most recent information obtained by the Prosecution indicates that DUTERTE
currently resides in Davao City, the Philippines, and has a passport issued by the Government
of the Philippines numbered [REDACTED].11

IV. CONCISE STATEMENT OF FACTS

9. DUTERTE was Mayor and Vice Mayor of Davao City for more than 20 years, including
continuously through the period 1 November 2011 to 30 June 2016, which falls within the
temporal parameters of this situation12 (“Mayoral period”). During the period 30 June 2016 to
16 March 2019 falling within the temporal parameters, DUTERTE served as President of the
Philippines (“Presidential period”). DUTERTE is responsible for crimes against humanity of
murder, torture and rape committed in the Philippines from around 1 November 2011 to 16
March 2019, in violation of articles 7(1)(a), 7(1)(f) and 7(1)(g) of the Statute.
10. These crimes were committed as part of a widespread and systematic attack directed

6
Government of the Philippines (“GoPHL”), PHL-OTP-00000269, PHL-OTP-00000388 at 0012-0013.
7
GoPHL, PHL-OTP-00000269; GoPHL Presidential Communications Operations Office (“PCOO”),
DUTERTE’s Speech, 30 June 2016, PHL-OTP-0003-3291. See also Cable News Network (“CNN”), PHL-OTP-
0003-0384 at 0385.
8
GoPHL, PHL-OTP-00000269.
9
GoPHL, PHL-OTP-00000269.
10
See e.g. [REDACTED], PHL-OTP-0001-2605 at 2608-2609, lines 88-121; [REDACTED], PHL-OTP-
00015515 at 0013, lines 433-436, PHL-OTP-00015535 at 0007, lines 203-205.
11
[REDACTED], PHL-OTP-00000388 at 0011.
12
The temporal parameters of the Prosecution’s investigation in the Philippines situation, as authorised by the
Pre-Trial Chamber, are 1 November 2011 to 16 March 2019: Article 15 Decision, p. 41, paras. 113-118.

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against the civilian population in the Philippines, pursuant to a State policy to attack alleged
criminals in the Philippines. DUTERTE and his co-perpetrators knew that their conduct was
part of, or intended their conduct to be part of, that attack. The publicly stated aims of the attack
were to reduce criminality, including drug use, sale and production, in Davao City (during the
Mayoral period) and, later, in the whole of the Philippines (during the Presidential period).
During the Presidential period, many of the acts were committed as part of a formal anti-illegal
drugs campaign implemented by law enforcement personnel, which was frequently described
in public reporting as DUTERTE’s “War on Drugs”. However, such acts were only one
component of the attack, which from its origins, targeted individuals suspected of various
crimes—and not only alleged drug users, dealers and producers.13
11. DUTERTE is individually criminally responsible for committing the crimes alleged in
this Application jointly with and through others pursuant to article 25(3)(a). Between at least
1 November 2011 and 16 March 2019, DUTERTE and his co-perpetrators shared a common
plan or agreement to target alleged criminals in the Philippines (including those perceived or
alleged to be associated with drug use, sale or production), through the commission of crimes
such as murder, torture and rape (“Common Plan”). His co-perpetrators included, each for at
least part of the temporal period: [REDACTED]14 [REDACTED]15 [REDACTED]16
[REDACTED];17 [REDACTED];18 [REDACTED];19 [REDACTED];20 [REDACTED];21
[REDACTED];22 and other members of the Philippine National Police (“PNP”) and high-
ranking government officials (together, including DUTERTE: “the co-perpetrators”).
12. From around 1988, in Davao City, when DUTERTE was elected Mayor, he began
organising groups of police officers and non-police “hitmen”23 into what became known as the
Davao Death Squads (“DDS”). He instructed DDS members that their mission was to kill
criminals, including drug dealers, and provided clearance for specific DDS killings.
DUTERTE recruited, paid and rewarded DDS members, provided them with the necessary
weapons and resources, and promised to shield them from prosecution. The DDS operated in
Davao City from 1988 onwards, including continuously through 2011 to 2016.

13
See e.g. below paras. 23, 33, 36.
14
[REDACTED], PHL-OTP-00000216.
15
[REDACTED], PHL-OTP-00000147 at 0054; Rappler, PHL-OTP-0003-2331 at 0002.
16
[REDACTED], PHL-OTP-00001485 (Transcript PHL-OTP-00015384, Translation PHL-OTP-00015389).
17
[REDACTED], PHL-OTP-00000198.
18
[REDACTED]. See below paras. 24-25.
19
[REDACTED]. See below paras. 38, 92.
20
[REDACTED]. See below paras. 34, 38.
21
[REDACTED].
22
[REDACTED], PHL-OTP-00000186.
23
These individuals were sometimes also referred to as “assassins”, “gunmen” and “players”.

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13. When campaigning for the Presidency in 2015 and 2016, DUTERTE vowed to
implement the methods he had developed in Davao City, such as killing criminals, to put an
end to criminality in the Philippines. He and his co-perpetrators immediately took steps to
target suspected criminals following his election and 30 June 2016 inauguration, including by
implementing a formal anti-illegal drugs campaign. Under the auspices of this campaign,
DUTERTE and his co-perpetrators targeted not only individuals suspected to be involved in
drug-related crime, but also other crimes. They established a network of perpetrators,
comprising law enforcement officers (including personnel from the PNP, the PDEA and the
NBI), non-police assets and hitmen (together, “the National Network”), to operate in a similar
manner to the DDS in conducting operations to kill alleged criminals. To facilitate these
killings, the perpetrators committed other crimes, such as rape and torture, to force targets to
‘confess’ to their alleged criminality. Some killings were staged to appear as though the police
had to use lethal force in self-defence against the alleged suspect, to cover up the criminal
nature of the killings. Some operations, which were conducted in a broad and violent fashion,
targeted not only the alleged criminals, but also family members and other individuals who
happened to be in the vicinity and were killed in the attack.
14. DUTERTE and his co-perpetrators used the DDS and the National Network, including
the low-level members of each, as tools to commit the crimes encompassed by the Common
Plan. The DDS and the National Network functioned through a combination of de jure and de
facto chains of command, including the existing hierarchies in the PNP and other Philippine
law enforcement agencies. The co-perpetrators controlled the will of the physical perpetrators
through a mechanism that ensured their automatic compliance with their orders. This
mechanism relied upon the co-perpetrators’ authority over the physical perpetrators through:
the chains of command; the recruitment of persons who were loyal and they knew they could
control; threats and use of violence to ensure compliance; the supervision and reporting of the
operations of the physical perpetrators; and payments to the physical perpetrators.
15. DUTERTE made an essential contributions to the Common Plan and to the commission
of crimes by: (i) designing and disseminating the policy to attack alleged criminals, as well as
acting as its public face; (ii) establishing and overseeing the DDS; (iii) supporting the launch
of the Command Memorandum Circular No. 16-2016 (“CMC No. 16-2016”) (which formally
initiated a national anti-illegal drugs campaign) and reinforcing the underlying message that its
implementation entailed the commission of crimes, which were sanctioned by the State;
(iv) facilitating the crimes through the provision of personnel and other necessary logistical
resources such as weapons; (v) appointing key personnel (including some of his co-

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perpetrators) to positions which were crucial to the execution of the Common Plan;
(vi) creating a system in which perpetrators knew they would be protected from accountability
for their crimes; (vii) making public statements authorising, condoning and promoting killings;
(viii) offering financial and other rewards for the killings, which were in fact paid to certain
police and non-police perpetrators via a covert financial reward system; and (ix) authorising
State actors to join or leave the formal anti-drugs campaign.
16. DUTERTE intended to commit the crimes and was aware of the factual circumstances
that allowed him—together with his co-perpetrators—to jointly control the members of the
DDS and National Network, who physically perpetrated the crimes.

V. ALLEGED CRIMES WITHIN THE JURISDICTION OF THE COURT

17. DUTERTE is responsible, pursuant to article 25(3)(a) of the Statute as an indirect co-
perpetrator, for the following crimes against humanity,24 committed in the Philippines between
1 November 2011 and 16 March 2019, each of which are elaborated further below:25

(i) Count 1: Murders in Davao City during the Mayoral period by the DDS, contrary to
article 7(1)(a) of the Statute, of the 19 victims of Incidents 1-5 and 7-10, between
2013 and [REDACTED] June 2016.26
(ii) Count 2: Torture in Davao City during the Mayoral period by the DDS, contrary to
article 7(1)(f) of the Statute, of the four victims of Incidents 1 and 6, in 2013 and
[REDACTED] 2014.27
(iii) Count 3: Rape in Davao City during the Mayoral period by the DDS, contrary to
article 7(1)(g) of the Statute, of the [REDACTED] of Incident 1, in or around 2013.28
(iv) Count 4: Murders of High-Value Targets (“HVTs”) during the Presidential period by
law enforcement personnel, contrary to article 7(1)(a) of the Statute, of the six victims
of Incidents 12, 14 and 17, between [REDACTED] August 2016 and [REDACTED]
July 2017.29

24
Non-argumentative Annex C contains a list of victims of the specific incidents charged in this case, who are
also listed in this section of the Application. Each incident has been allocated an incident number. To assist the
Chamber, Annex C further breaks down the manner in which the Prosecution relies upon the evidence to
substantiate the incidents.
25
See below VI. D. DUTERTE Committed Crimes Against Humanity.
26
See below VI. D. 1. The crime against humanity of murder under article 7(1)(a).
27
See below VI. D. 2. The crimes against humanity of torture and rape under articles 7(1)(f) and 7(1)(g).
28
See below VI. D. 2. The crimes against humanity of torture and rape under articles 7(1)(f) and 7(1)(g).
29
See below VI. D. 1. The crime against humanity of murder under article 7(1)(a).

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(v) Count 5: Murders in barangay30 clearance operations during the Presidential period
by law enforcement personnel, contrary to article 7(1)(a) of the Statute, of the 20
victims of Incidents 11, 13, 15-16, 18-31, between [REDACTED] October 2016 and
2018.31
18. While this Application refers to events which took place before 1 November 2011, the
Prosecution only seeks an arrest warrant in relation to crimes which occurred within the
temporal jurisdiction of the investigation,32 as authorised by the Pre-Trial Chamber.33

VI. THERE ARE REASONABLE GROUNDS TO BELIEVE THAT DUTERTE

COMMITTED THE ALLEGED CRIMES

A. CATEGORIES AND TYPES OF EVIDENCE RELIED UPON

19. The Prosecution relies upon the following types of evidence to establish reasonable
grounds to believe that DUTERTE committed the crimes specified in this Application:
(i) witness statements and interview transcripts of [REDACTED] Prosecution witnesses
(including: [REDACTED]); (ii) public speeches and statements by DUTERTE and other
members of his administration, including transcripts of such published on the Government of
the Philippines’ Presidential Communications Operations Office (“PCOO”)34 website; (iii)
presidential memoranda and orders signed by DUTERTE; (iv) documents of the PNP and
other departments and agencies of the Government of the Philippines, including memoranda,
directives, decisions, reports and press releases; (v) drug watch lists maintained by law
enforcement containing the names of targets, including the “High-Value Targets” in the PRRD
List; (vi) the 1987 Constitution of the Republic of the Philippines, national legislation and
domestic jurisprudence setting out the powers of various actors, including Mayors and the
President; (vii) audio/visual material, including CCTV footage [REDACTED]; (viii) financial
records; (ix) forensic evidence; (x) reports and datasets of international and non-governmental
organisations; and (xi) media reports.
20. The Prosecution also relies upon DUTERTE’s public admissions that he: killed 1,700
people as Mayor of Davao City; was involved in the DDS; funded extra-judicial killings as

30
A barangay is the smallest political and administrative unit in the Philippines: see Philippine Republic Act No.
7160, 10 October 1991, Section 384, PHL-OTP-00000259 at 0143.
31
See below VI. D. 1. The crime against humanity of murder under article 7(1)(a).
32
Ongwen Evidence Request Decision, para. 7; Nahimana et al. AJ, para. 314.
33
See below VII. A. Jurisdiction.
34
After DUTERTE’s presidency, this office was renamed as the Presidential Communications Office. See e.g.
GoPHL, PHL-OTP-00015335.

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Mayor of Davao; and his “only sin” as President was extrajudicial killings.35 The Prosecution
further relies upon PDEA’s acknowledgement that 5,281 “drug personalities” “died in anti-
drug operations” between 1 July 2016 and 28 February 2019.36

B. BACKGROUND

1. DUTERTE became Mayor and established the Davao Death Squads to kill suspected
criminals

21. In 1988, DUTERTE was appointed Mayor of Davao City. He served in this position for
more than twenty years (1988-1998, 2001-2010 and 2013-2016). During 2010-2013,
DUTERTE was Vice Mayor while his daughter, Sara DUTERTE (currently Vice President of
the Philippines), served as Mayor.37
22. As Mayor, DUTERTE was chief executive of the city government, with responsibility
for exercising general supervision and control over all its activities.38 DUTERTE also had
formal “operational supervision and control” over the police units in his jurisdiction,39
including “the power to direct, superintend, and oversee the day-to-day functions of police
investigation of crime”, the “employment and deployment of units or elements of the PNP” via
the station commander, as well as the power to choose the Davao City Police Chief.40
[REDACTED] DUTERTE in fact had control over the police in Davao City.41
23. In 1988, DUTERTE established ‘liquidation’ or ‘death’ squads composed of Davao City
police officers and non-police hitmen, which were originally called the ‘Lambada Boys’ and
came to be known as the DDS.42 DUTERTE personally instructed DDS groups that their

35
Video of DUTERTE’s Speech, 27 September 2018, PHL-OTP-00000291 (Transcript PHL-OTP-00000842,
Translation PHL-OTP-00000850 at 0002, lines 4-5); Video of DUTERTE, 8 December 2015, PHL-OTP-
00000294 (Transcript PHL-OTP-00000843, Translation PHL-OTP-00000851 at 0002, lines 2-5); Translation of
Gikan Sa Masa Para Sa Masa Transcript, 10 October 2023, PHL-OTP-00000297 (Transcript PHL-OTP-
00000844, Translation PHL-OTP-00000852 at 0002-0003, lines 34-37).
36
PDEA, PHL-OTP-0003-2538 at 2538.
37
GoPHL, PHL-OTP-00000269; Davao City Government, PHL-OTP-00001197; [REDACTED], PHL-OTP-
0001-2605 at 2610, lines 136-145, 151-154; CNN, PHL-OTP-0003-0384 at 0385.
38
Philippine Republic Act No. 7160, 10 October 1991, PHL-OTP-00000259 at 0167-0172, Section 444.
39
Philippine Republic Act No. 6975, 13 December 1990, PHL-OTP-0003-3321 at 3329, Section 51, as amended
by Philippine Republic Act No. 8551, 25 February 1998, PHL-OTP-0009-0143 at 0162-0163, Sections 62 and
63. See also Philippine 1987 Constitution, PHL-OTP-0005-2102 at 2165, Article XVI, Section 6.
40
Philippine Republic Act No. 6975, 13 December 1990, PHL-OTP-0003-3321 at 3329, Section 51, as amended
by Philippine Republic Act No. 8551, 25 February 1998, PHL-OTP-0009-0143 at 0162-0163, Sections 62-63.
41
[REDACTED], PHL-OTP-0001-2605 at 2632, lines 897-902; [REDACTED], PHL-OTP-00015508 at 0010,
lines 340-353; [REDACTED], PHL-OTP-00015390 at 0016, lines 530-540.
42
[REDACTED], PHL-OTP-0006-9247 at 9247, PHL-OTP-00000406 at 0003, lines 10-14. See also
[REDACTED], PHL-OTP-0001-2576 at 2591-2593, lines 495-573; [REDACTED], PHL-OTP-00015401 at
0002-0012, lines 22-350, PHL-OTP-00015402 at 0002-0006, lines 3-159.

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mission was to kill criminals.43 For example, [REDACTED].44 [REDACTED].45 Around the
same time, DUTERTE “created” a “death squad” composed of [REDACTED] Davao City
police, who DUTERTE instructed “to kill suspected criminals”, “including [s]habu46 users
and pushers”.47 DUTERTE [REDACTED], explained to the police DDS members that it was
not possible to “completely eliminate or reduce” criminality via “basic law enforcement”, and
so it was necessary for police to “kill” the criminals of Davao City.48
24. From 1988 onwards, DUTERTE and senior law enforcement personnel in Davao City
(including the respective Davao City Police Chiefs throughout the period) agreed to target
alleged criminals through the commission of crimes—principally murder, but also other crimes
which would facilitate this agreement, including the rape and torture of targets to force them
to ‘confess’ to their alleged criminality.49 During the period 1 November 2011 to 30 June 2016,
DUTERTE worked closely with [REDACTED].50

2. The implementation of the Common Plan in Davao City

25. During the Mayoral period, the Common Plan was implemented primarily through the
DDS, which had a hierarchical structure. At the bottom were the DDS members who physically
carried out the crimes (generally non-police hitmen or low-level police), who were
subordinated to police or barangay handlers.51 [REDACTED].52 DUTERTE sat at the apex of
the DDS.53
26. DUTERTE and those in his inner circle maintained ‘death lists’ or ‘watch lists’ of
alleged criminals, compiled with the assistance of barangay officials, and forwarded to the

43
[REDACTED], PHL-OTP-00015501 at 0002, lines 3-38; [REDACTED], PHL-OTP-00015401 at 0003, lines
47-55.
44
[REDACTED], PHL-OTP-00015401 at 0003, lines 37-55.
45
[REDACTED], PHL-OTP-00015402 at 0009-0010, lines 260-295; PHL-OTP-00015403 at 0007-0008, lines
186-220.
46
Shabu is slang for the drug methamphetamine: see Annex D.
47
[REDACTED], PHL-OTP-00015507 at 0004-0005, lines 111-149.
48
[REDACTED], PHL-OTP-00015507 at 0005-0006, lines 153-163.
49
See also, below paras. 77-87.
50
[REDACTED], PHL-OTP-0001-2691 at 2712-2713, lines 686-734; [REDACTED], PHL-OTP-00015507 at
0008, lines 265-267, PHL-OTP-00015508 at 0008, lines 257-258, PHL-OTP-00015515 at 0017-0018, lines 581-
593, 607-632.
51
See e.g. [REDACTED], PHL-OTP-0001-2605 at 2614, lines 291-294, at 2622, lines 548-553, PHL-OTP-0001-
2639 at 2660-2661, lines 709-722; [REDACTED], PHL-OTP-00015507 at 0006, lines 161-163; [REDACTED],
PHL-OTP-0006-9247 at 9249, 9260.
52
[REDACTED], PHL-OTP-0001-2691 at 2712-2713, lines 686-734; [REDACTED], PHL-OTP-00015507 at
0008, lines 265-267, PHL-OTP-00015508 at 0008, lines 257-258, PHL-OTP-00015515 at 0017-0018, lines 581-
593, 607-632.
53
[REDACTED], PHL-OTP-0001-3619 at 3806.

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DDS for ‘neutralisation’.54 [REDACTED] the words “neutralise” and “eliminate” to mean
“kill”.55
27. DUTERTE’s clearance was required for DDS members to conduct killings in Davao
City.56 Sometimes a jetto (informant) would provide information on a target and the specific
DDS team’s police or barangay handler would seek clearance from DUTERTE—
[REDACTED]—to kill the target. On other occasions, DUTERTE would provide the target’s
name, which was communicated [REDACTED] to a handler.57
28. DDS killing operations evolved over time and their features depended on factors such as
the profile of the target and the equipment available to the perpetrator at the time (including
knives, handguns and rope for strangulation).58 Sometimes DDS teams conducted surveillance
on the target to confirm their identity or to create a plan for the killing operation. 59 Victims
were often killed in public60 or at a quarry located in Barangay Ma-a, Davao City, which was
owned by police DDS member Bienvenido LAUD (“Laud Quarry”).61 DDS members typically
wore plain clothes, although sometimes one or two police DDS would wear their uniforms to
provide a “semblance of legality”.62 Where killing occurred in public, DDS hitmen generally
arrived and departed the scene in twos or threes in one vehicle or motorbike, with backup DDS
members nearby in a vehicle or motorbike.63 The DDS would sometimes [REDACTED].64

54
[REDACTED], PHL-OTP-0001-2605 at 2629, lines 807-810, PHL-OTP-00001721 at 0011-0012, lines 334-
373; [REDACTED], PHL-OTP-00015532 at 0006, lines 160-189, PHL-OTP-00015533 at 0004-0005, lines 98-
135, PHL-OTP-00015537 at 0003, lines 68-73; [REDACTED], PHL-OTP-00015427 at 0005, lines 101-116,
PHL-OTP-0006-9247 at 9250. See also Video of DUTERTE’s Speech, uploaded 26 October 2015, PHL-OTP-
00000306 (Transcript PHL-OTP-00000847, Translation PHL-OTP-00000855 at 0002, lines 3-10); SunStar,
PHL-OTP-00000368 (Translation PHL-OTP-00000409 at 0001).
55
[REDACTED], PHL-OTP-00015502 at 0005, line 125; [REDACTED], PHL-OTP-00015390 at 0011, lines
345-346.
56
[REDACTED], PHL-OTP-0001-2605 at 2630-2632, lines 822-902; [REDACTED], PHL-OTP-00015507 at
0007, lines 216-223; [REDACTED], PHL-OTP-0006-9247 at 9252, PHL-OTP-00000147 at 0033-0035.
57
[REDACTED], PHL-OTP-0001-2691 at 2712-2713, lines 686-734, PHL-OTP-00001714 at 0002, lines 2-20;
[REDACTED], PHL-OTP-00015508 at 0008, lines 255-260, PHL-OTP-00015515 at 0018-0019, lines 653-656,
PHL-OTP-0002-0039 at 0045-0046; [REDACTED], PHL-OTP-00015432 at 0005, lines 116-126.
58
[REDACTED], PHL-OTP-0001-2605 at 2615, lines 331-334, PHL-OTP-00001710 at 0004-0008, lines 87-241;
[REDACTED], PHL-OTP-00015508 at 0015, lines 546-557.
59
[REDACTED], PHL-OTP-00001708 at 0006-0007, lines 141-201; [REDACTED], PHL-OTP-00015501 at
0004, lines 91-105.
60
See e.g. Incidents 3, 4, 5, 7, 8, 9, 10, 11, 13, 15, 20.
61
[REDACTED], PHL-OTP-0001-2731 at 2772, lines 1359-1372; [REDACTED], PHL-OTP-00015515 at 0013,
lines 441-449; [REDACTED], PHL-OTP-00015419 at 0008, lines 226-233.
62
[REDACTED], PHL-OTP-0002-0039 at 0046. See also [REDACTED], PHL-OTP-00015407 at 0010, lines
306-309.
63
[REDACTED], PHL-OTP-00015519 at 0004, lines 84-94; see also Incidents 3, 4, 7, 9, 10.
64
[REDACTED], PHL-OTP-00015508 at 0015, lines 540-542; [REDACTED], PHL-OTP-00015423 at 0002-
0003, lines 24-44.

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29. DUTERTE paid DDS hitmen a monthly salary via the Davao City Hall [REDACTED].65
Police and some hitmen received financial rewards per head for specific killings in addition to
their salary,66 which were distributed from DUTERTE [REDACTED] to the handler.67
DUTERTE also provided the DDS with the necessary logistical supplies to perpetrate killings,
such as firearms, ammunition, vehicles, safehouses, gasoline and communications
equipment.68
30. After DELA ROSA became Davao City Police Chief in 2012,69 he developed and
implemented a style of police operation called “Tokhang”,70 whereby police knocked on the
doors of alleged drug users and pushers and asked them to surrender, placed them on a drug
watch list, and the listed persons were often later killed.71 Where police DDS members were
the shooters in a killing operation, they would sometimes stage a nanlaban (“fight back”)
scenario, in which they would plant a weapon on the victim to make it appear as though the
victim had been killed by the police acting in self-defence.72 Sometimes DDS members planted
drugs on the victims to create a justification for their targeting of victims.73 After DELA
ROSA’s term, DUTERTE selected DANAO as Davao City Police Chief, a position he held
from October 2013 to June 2016.74 [REDACTED].75
31. [REDACTED]. [REDACTED] fluctuation in the number of killings per year, with an
acceleration from 2001 onwards—when DUTERTE became Mayor again. For the period

65
[REDACTED], PHL-OTP-0006-9247 at 9248. [REDACTED], PHL-OTP-00001150, PHL-OTP-00001197,
PHL-OTP-00000147 at 0010; [REDACTED], PHL-OTP-00000147 at 0030, 0033, PHL-OTP-00015422 at 0004,
lines 73-80.
66
[REDACTED], PHL-OTP-0001-2605 at 2620, lines 482-505, PHL-OTP-0001-2691 at 2726, lines 1170-1191;
[REDACTED], PHL-OTP-00015502 at 0002-0003, lines 24-27, PHL-OTP-00015514 at 0002, lines 23-25, 0004,
lines 88-93, at 0008, lines 257-261, PHL-OTP-00015515 at 0008, lines 231-233, PHL-OTP-00015517 at 0002-
0003, lines 31-51, PHL-OTP-00015519 at 0004, lines 99-101, PHL-OTP-00015520 at 0008, lines 233-235, at
0013, lines 419-424, PHL-OTP-00015521 at 0005, lines 118-144, PHL-OTP-00015522 at 0002, lines 28-30;
[REDACTED], PHL-OTP-00015435 at 0004, lines 93-101.
67
[REDACTED], PHL-OTP-0001-2605 at 2620, lines 479-495; [REDACTED], PHL-OTP-00015502 at 0003,
lines 58-69; [REDACTED], PHL-OTP-00015390 at 0011, lines 355-374.
68
[REDACTED], PHL-OTP-00015501 at 0002, lines 14-28, PHL-OTP-00015525 at 0013, lines 445-457;
[REDACTED], PHL-OTP-00015402 at 0009-0011, lines 260-315, PHL-OTP-00015406 at 0006, lines 141-151;
Human Rights Watch (“HRW”), PHL-OTP-0003-0886 at 0941-0942.
69
PNP, PHL-OTP-00000216 at 0003.
70
‘Tokhang’ is a portmanteau derived from the Visayan “toktok-hangyo”, meaning “knock-plea” in English:
Department of Interior and Local Government (“DILG”), PHL-OTP-00000140 at 0015.
71
[REDACTED], PHL-OTP-00001721 at 0011-0012, lines 325-373; [REDACTED], PHL-OTP-00015508 at
0011, lines 364-373, 398-404; [REDACTED], PHL-OTP-00001485 (Transcript PHL-OTP-00015384,
Translation PHL-OTP-00015389 at 0004, lines 96-105).
72
[REDACTED], PHL-OTP-0001-2639 at 2651-2652, lines 403-416, PHL-OTP-0001-2639 at 2669-2671, lines
1005-1066; [REDACTED], PHL-OTP-00015509 at 0003, lines 63-66, PHL-OTP-0002-0192 at 0232;
[REDACTED], PHL-OTP-00015443 at 0002-0003, lines 4-34; [REDACTED], PHL-OTP-00015390 at 0015,
lines 492-500.
73
[REDACTED], PHL-OTP-00015443 at 0002-0003.
74
PNP, PHL-OTP-00000147 at 0054; Rappler, PHL-OTP-0003-2331 at 0002.
75
[REDACTED], PHL-OTP-00015509 at 0004, lines 119-126. See also Inquirer, PHL-OTP-00015201.

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2011-2015 (within the temporal parameters), [REDACTED] victims of extrajudicial killings

in Davao City.76 [REDACTED].77
32. DUTERTE has admitted publicly to many of the facts outlined above, including: his
involvement in the DDS (“they say I am the death squad? […] True. […] That’s true”);78 that
he killed “around 1,700” people in Davao City as Mayor;79 that he used intelligence funds
allocated to him as Mayor of Davao City to fund killings;80 and that he maintained order in
Davao City by killing criminals, describing this as “the only formula that worked”.81

3. DUTERTE vowed to expand the ‘Davao formula’ across the Philippines as President

33. In late 2015, DUTERTE announced his intention to run for President, promising to
replicate strategies used in Davao City during his time as Mayor to “stop” “criminality”
throughout the Philippines, including through “killings”.82 He vowed to tell police to “go out
and kill” criminals and those involved in drug-related offences.83 On multiple occasions,
DUTERTE expressly outlined the Common Plan publicly, saying that he would “stop drugs
and crime, criminality, in three to six months” because “I will tell the police and military, ‘Go
out and kill them.’ Period”.84 DUTERTE spoke publicly about how, should he become
President, the number of criminal suspects killed “will become 100,000 […] I will kill all of
you” and the fish in Manila Bay “will become fat, because that’s where I will throw you”.85

76
[REDACTED], PHL-OTP-0006-9245, PHL-OTP-0006-9246; New Naratif, PHL-OTP-0003-2336 at 0006-
0007 [REDACTED]; [REDACTED], PHL-OTP-00001006 at 0002. See also HRW, PHL-OTP-0003-1059 at
0001-0002.
77
[REDACTED], PHL-OTP-0001-2576 at 2584, lines 253-273.
78
Video of DUTERTE’s Interview, PHL-OTP-00000300 (Transcript PHL-OTP-00000845, Translation PHL-
OTP-00000853 at 0002, lines 8-12). See also Inquirer, PHL-OTP-0003-1290 at 1290.
79
Video of DUTERTE’s Interview, uploaded 8 December 2015, PHL-OTP-00000294 (Transcript PHL-OTP-
00000843, Translation PHL-OTP-00000851 at 0002, lines 2-5). See also Rappler, PHL-OTP-0003-1297 at 1299.
80
Video of DUTERTE’s Interview, 10 October 2023, PHL-OTP-00000297 (Transcript PHL-OTP-00000844,
Translation PHL-OTP-00000852 at 0002, lines 34-35). See also [REDACTED], PHL-OTP-00001197,
[REDACTED].
81
PCOO, DUTERTE’s Speech, 14 March 2017, PHL-OTP-0003-3261 (Translation PHL-OTP-00015492 at
0006). For more on the Davao ‘formula’, ‘model’ or ‘template’: see [REDACTED], PHL-OTP-00015390 at 0010-
0011, lines 330-349, at 0017-0018, lines 588-597; [REDACTED], PHL-OTP-00015394 at 0053-0055, lines 1847-
1902; Reuters, PHL-OTP-0003-0199; P-0014, PHL-OTP-0018-0003 at 0028, 0169.
82
Video of DUTERTE’s Interview, 27 November 2015, PHL-OTP-00000309 (Transcript PHL-OTP-00001122,
Translation PHL-OTP-00001124 at 0004, lines 117-121).
83
Video of DUTERTE’s Speech, 11 March 2016, PHL-OTP-00000277 (Transcript PHL-OTP-00001121,
Translation PHL-OTP-00001123 at 0009, lines 343-345). See also CNN, PHL-OTP-0003-0037 at 0039.
84
Video of DUTERTE’s Speech, 11 March 2016, PHL-OTP-00000277 (Transcript PHL-OTP-00001121,
Translation PHL-OTP-00001123 at 0006, lines 215-217, at 0009, lines 342-345). See also Video of DUTERTE’s
Speech, PHL-OTP-00000303 (Transcript PHL-OTP-00000846, Translation PHL-OTP-00000854 at 0002, lines
3-5); Reuters, PHL-OTP-0003-0124 at 0125.
85
Video of DUTERTE’s Interview, PHL-OTP-00000300 (Transcript PHL-OTP-00000845, Translation PHL-
OTP-00000853 at 0002, lines 29-32) at 0002. See also Metro, PHL-OTP-0003-0041 at 0041; Inquirer, PHL-OTP-
0003-1290 at 1291; Philstar, PHL-OTP-0003-1303 at 1303.

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4. The co-perpetrators prepared to expand the Common Plan nationwide

34. On 9 May 2016, DUTERTE was elected President of the Philippines. After the election,
DUTERTE [REDACTED].86 [REDACTED],87 [REDACTED]88 [REDACTED].89 In June or
July 2016, [REDACTED].90
35. In the lead up to his inauguration, [REDACTED]91 [REDACTED] preparing to be
immediately ready to roll out the Common Plan nationwide.92
36. DUTERTE was sworn in as President on 30 June 2016.93 After taking his oath, he
publicly vowed to end “drugs and criminality”, including by killing suspected drug dealers and
addicts, and also urged the public to do so. He told a crowd in Tondo, Manila: “These sons of
bitches are destroying our country and our children […] I am begging you, stay away from it
because I will really kill you”. He directly appealed to the public to carry out killings
themselves: “[W]hy don’t you be the ones to kill. If it’s someone’s child, be the killer yourself.
If someone’s child is the addict, you be the one to kill so it won’t hurt too much”.94

5. DUTERTE used his Presidential powers to empower the co-perpetrators and to

establish an expanded network of direct perpetrators

37. Once sworn in as President, DUTERTE became the head of state, head of government
and commander-in-chief of all armed forces of the Philippines.95 Under the 1987 Constitution,
he was the sole “repository of executive powers”,96 with “control of all the executive
departments, bureaus, and offices”97 and “general supervision over local governments”.98 By
virtue of his control of the executive, DUTERTE was ultimately responsible, inter alia, for
the PNP (which falls under the Department of Interior and Local Government or “DILG”),99
PDEA (which falls under the Dangerous Drugs Board, which is part of the Office of the

86
[REDACTED]. Contra [REDACTED]: PHL-OTP-00015093 (Translation PHL-OTP-00015546 at 0227-0228).
87
[REDACTED], PHL-OTP-00015390 at 0008-0010, lines 240-340.
88
[REDACTED], PHL-OTP-00015394 at 0116, lines 3988-4008.
89
See below paras. 43-46.
90
[REDACTED], PHL-OTP-00015394 at 0053-0055, lines 1826-1902.
91
PNP, PHL-OTP-00000084 at 0002.
92
[REDACTED], PHL-OTP-00001485 (Transcript PHL-OTP-00015384, Translation PHL-OTP-00015389 at
0002, lines 18-31).
93
GoPHL, PHL-OTP-00000269; PCOO, DUTERTE’s Speech, 30 June 2016, PHL-OTP-0003-3291 at 3291.
94
PCOO, DUTERTE’s Speech, 30 June 2016, PHL-OTP-00000339 (Translation PHL-OTP-00000518 at 0003,
0005); Guardian, PHL-OTP-0003-0101.
95
Republic of the Philippines, 1987 Constitution, PHL-OTP-0005-2102 at 2125, Article VII, Sections 17 and 18.
96
Supreme Court of the Republic of the Philippines, Kulayan v. Tan, GR No 187298, 3 July 2012,
PHL-OTP-00000261 at 0004.
97
Republic of the Philippines, 1987 Constitution, PHL-OTP-0005-2102 at 2125, Article VII, Section 17.
98
Republic of the Philippines, 1987 Constitution, PHL-OTP-0005-2102 at 2140, Article X, Section 4.
99
Congress of the Philippines, Republic Act No. 6975, 13 December 1990, PHL-OTP-0003-3321 at 3221, Title.

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President),100 and the NBI (which falls under the Department of Justice).101 DUTERTE was
also “leader of the country’s police forces”:102 while a local chief executive exercises
operational supervision over “day-to-day operations”, ultimately the PNP “properly comes
within, and is subject to, the exercise by the President of the power of executive control”.103
38. As President, DUTERTE had the power, with the consent of the Commission on
Appointments, to nominate and appoint the heads of the executive departments and other public
ministers,104 including the power to nominate the Secretary of the Interior and Local
Government (who leads the DILG).105 He had the power to directly appoint key law
enforcement officials, including the Chief of the PNP,106 the Inspector General of the PNP’s
Internal Affairs Service (“IAS”),107 the NBI Director,108 and the Director General of PDEA.109
Immediately upon taking office, DUTERTE [REDACTED] creating the National Network via
which the co-perpetrators carried out killings and other crimes designed to target alleged
criminals. [REDACTED] to control potential accountability efforts with respect to crimes
committed as part of the Common Plan and to ensure impunity. [REDACTED]:
• [REDACTED];110
• [REDACTED];111
• [REDACTED];112
• [REDACTED];113 and
• [REDACTED],114 [REDACTED].115

100
Congress of the Philippines, Republic Act No. 9165, 7 June 2002, PHL-OTP-0017-4870 at 4904, 4909-4910,
Sections 78 and 82.
101
Congress of the Philippines, Republic Act No. 10867, 23 June 2016, PHL-OTP-0009-0169 at 0172-0174,
Sections 6 and 7.
102
Supreme Court of the Republic of the Philippines, Kulayan v. Tan, GR No 187298, 3 July 2012,
PHL-OTP-00000261 at 0006.
103
Supreme Court of the Republic of the Philippines, Kulayan v. Tan, GR No 187298, 3 July 2012,
PHL-OTP-00000261 at 0007. See also Supreme Court of the Republic of the Philippines, Carpio v. Executive
Secretary of Local Governments, the Secretary of National Defense and the National Treasurer, GR No 96409,
14 February 1992, PHL-OTP-00000260 at 0005.
104
Republic of the Philippines, 1987 Constitution, PHL-OTP-0005-2102 at 2125, Article VII, Section 16.
105
Congress of the Philippines, Republic Act No. 6975, 13 December 1990, PHL-OTP-0003-3321, Section 8.
106
Congress of the Philippines, Republic Act No. 6975, 13 December 1990, PHL-OTP-0003-3321, Section 31.
107
Congress of the Philippines, Republic Act No. 8551, 25 February 1998, PHL-OTP-0009-0143, Section 41.
108
Congress of the Philippines, Republic Act No. 10867, 23 June 2016, PHL-OTP-0009-0169 at 0172, Section 6.
109
Congress of the Philippines, Republic Act No. 9165, 7 June 2002, PHL-OTP-0017-4870 at 4909, Section 82.
110
[REDACTED], PHL-OTP-00000216 at 0002, 0003.
111
[REDACTED], PHL-OTP-0003-2623, at e.g. 2623-2626, 2631-2635.
112
[REDACTED].
113
[REDACTED].
114
[REDACTED], PHL-OTP-00015529 at 0006-0007, lines 181-208; P-0014, PHL-OTP-00002215 at 0206.
115
[REDACTED].

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6. The implementation of the geographically expanded Common Plan and the launch of
Double Barrel

39. On 1 July 2016—the same day he was sworn in as PNP Chief—DELA ROSA issued
CMC No. 16-2016, formally launching the national “anti-illegal drugs campaign”116
component of the Common Plan. CMC No. 16-2016 referenced the “[p]ronouncement of
PRESIDENT RODRIGO R DUTERTE to get rid of illegal drugs during the first six months of
his term”.117 It set out Project “Double Barrel”, modelled after Davao City’s policing strategy
and directed at the “neutralization of illegal drug personalities nationwide”.118 Project Double
Barrel119 had two strands: the clearance of drug-affected barangays, including through
Operation Tokhang (house-to-house visits to “persuade suspected illegal drug personalities to
stop their illegal drug activities”); and Operation High Value Target (operations targeting those
involved in trafficking and selling illegal drugs).120
40. CMC No. 16-2016 directed the PNP to simultaneously “pursue the neutralization of
illegal drug personalities as well as the backbone of illegal drugs network operating in the
country.”121 Although CMC No. 16-2016 referred to the need to respect the rights of those
subject to such operations,122 the day CMC No. 16-2016 was launched, DUTERTE reinforced
to the PNP that the implementation of the Common Plan would encompass the commission of
violent crimes by those implementing it, and that these crimes were sanctioned by the State. In
a speech to police, he promised that he would use his new presidential powers to protect police
who faced legal charges for mass killings: “if in the process you kill 1,000 persons because you
were doing duty and I will protect you.”123 On other occasions, he repeatedly vowed to pardon
and promote police involved in killings, “[i]f you do your duty, do not worry about cases, I will
protect you, believe me […] if there’s somebody who will go to jail, it’s me. I will assume full,
legal responsibility”.124

116
PNP, CMC No. 16 – 2016, 1 July 2016, PHL-OTP-0005-0259.
117
PNP, CMC No. 16 – 2016, 1 July 2016, PHL-OTP-0005-0259 at 0259.
118
PNP, CMC No. 16 – 2016, 1 July 2016, PHL-OTP-0005-0259 at 0259-0260.
119
Project “Double Barrel” was later expanded through “Project Double Barrel Alpha” and further refined through
“Project Double Barrel: Reloaded”: PNP, PHL-OTP-0003-2546 at 2546-2547; RPIO Pro 7 on Facebook, PHL-
OTP-0003-2554.
120
PNP, CMC No.16-2016, 1 July 2016, PHL-OTP-0005-0259 at 0261, 0264-0265; PHL-OTP-0003-3418 at
3450.
121
PNP, CMC No. 16 – 2016, 1 July 2016, PHL-OTP-0005-0259 at 0261.
122
See e.g. PNP, CMC No. 16 – 2016, 1 July 2016, PHL-OTP-0005-0259 at 0263, 0275.
123
PCOO, DUTERTE’s Speech, 1 July 2016, PHL-OTP-00000271 (Translation PHL-OTP-00000558 at 0008).
See also Malay Mail Online, PHL-OTP-0003-0047.
124
PCOO, DUTERTE’s Speech, 14 November 2016, PHL-OTP-0003-3283 (Translation PHL-OTP-00001127 at
0005). See also PCOO, DUTERTE’s Speech, 20 September 2016, PHL-OTP-00000267 (Translation PHL-OTP-

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41. DUTERTE’s frequent public speeches urging law enforcement and, at other times,
members of the public, to attack drug users were widely reported on, as well as disseminated
by DUTERTE through the Presidential Communications Operations Office (“PCOO”), which
uploaded transcripts of his speeches and statements to its website. Examples of such speeches
include DUTERTE announcing to troops that, “[f]or as long as I am the President, nobody,
but nobody—no military man or policeman—will go to prison because they performed their
duties well”. Signalling that this promise did not only encompass lawful police or military
killings, DUTERTE continued, “If you massacre one hundred […] you will all be pardoned
[…] plus a promotion to boot”.125 On 16 August 2017, following the killing of 32 individuals
in anti-drug operations in Bulacan – including the individuals specified in Incidents 18 and 19
—DUTERTE said: “That’s good. If we can just kill about another 32 everyday than maybe
we can reduce the—what ails this country”.126
42. Throughout the Presidential period, the Common Plan was implemented nationwide
primarily by entities within Philippines’ law enforcement, including the PNP and PDEA. As in
Davao City, State actors worked in groups with non-police assets to carry out the crimes.127
Many features of killings during the Presidential period echoed those of the Mayoral period.
For example, killings were perpetrated by multiple people on a motorcycle (‘riding-in-
tandem’),128 during buy-bust operations,129 and during Operation Tokhang house visits or raids
on residences.130 Perpetrators planted drugs and drug paraphernalia on victims to justify their
targeting.131 They tried to mask the criminal nature of their conduct, including through planting
guns and staging nanlaban scenarios to make killings look like self-defence in an effort to

00000336 at 0010); PCOO, DUTERTE’s Speech, 13 March 2017, PHL-OTP-0003-3224 (Translation PHL-OTP-
00015479 at 0016); PCOO, DUTERTE’s Speech, 14 March 2017, PHL-OTP-0003-3261 (Translation PHL-OTP-
00015492 at 0016); PCOO, DUTERTE’s Speech, 15 January 2018, PHL-OTP-0003-3800 (Translation PHL-
OTP-00015493 at 0004); Inquirer, PHL-OTP-0003-1362 at 1362-1363; Rappler, PHL-OTP-0003-1345.
125
PCOO, DUTERTE’s Speech, 20 September 2016, PHL-OTP-00000267 (Translation PHL-OTP-00000336 at
0010); Rappler, PHL-OTP-0003-1345.
126
PCOO, DUTERTE’s Speech, 16 August 2017, PHL-OTP-0003-3213 (Translation PHL-OTP-00015491 at
0001).
127
[REDACTED], PHL-OTP-00000540 at 0011-0016, lines 306-474.
128
P-0003, PHL-OTP-00000541 at 0004, lines 70-84, at 0012-0014, lines 365-453; P-0004, PHL-OTP-0004-0006
at 0025-0026, para. 93, at 0046, para. 194, at 0073, para. 329; P-0009, PHL-OTP-0002-0626 at 0645, para. 99,
0688, para. 321.
129
P-0003, PHL-OTP-00000545 at 0009, lines 248-271; P-0004, PHL-OTP-0004-0006 at 0035, para. 137; P-
0009, PHL-OTP-0002-0626 at 0645-0646, para. 102, at 0648, para. 117; Reuters, PHL-OTP-0003-0092 at 0097.
130
P-0004, PHL-OTP-0004-0006 at 0032, para. 126, at 0045-0046, para. 191, at 0049, para. 207, at 0074-0075,
paras. 338-340; P-0009, PHL-OTP-0002-0626 at 0648, para. 117, at 0678, paras. 273-275, at 0682-0683, paras.
293-296, at 0687, para. 319, at 0691, para. 336.
131
See e.g. P-0003, PHL-OTP-00000547 at 0006, lines 157-160, at 0009-0010, lines 251-279, PHL-OTP-
00000556 at 0010-0012, lines 276-372.

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legitimise the murders and protect the perpetrators from accountability.132 One type of
operation which featured more heavily during the Presidential period were so-called One Time,
Big Time operations (“OTBT”): large-scale, high-intensity police operations in which
activities like arrests, raids and searches were carried out simultaneously in multiple locations,
often for an extended period.133 To ensure that they had “somebody to kill” during OTBTs,
[REDACTED].134
7. Drug watch lists and rewards for killing targets

43. From the outset of his Presidency, DUTERTE publicly offered perpetrators rewards,
including financial incentives per killing and promotions for advancing the Common Plan.135
For example, during a televised speech at his victory party on 4 June 2016, he said: “What I
pay now, if it’s a drug lord […] 5 million, especially if dead. If alive, only 4,999,000.”136
44. On various occasions, DUTERTE publicly named specific individuals who he claimed
were involved in the illegal drug trade or other forms of criminality. For example, on 7 July
2016, DUTERTE gave a press conference where he held up a chart purportedly showing
individuals involved in drug syndicates in the Philippines (i.e. High-Value Targets).137
45. On 7 August 2016, during a televised press conference at Camp Panacan, Davao City,
DUTERTE named more than 150 public officials he claimed were involved in the drug trade,
[REDACTED].138 The Presidential Palace subsequently distributed this list, which was
published by various media outlets.139 On 9 January 2017, DUTERTE stated publicly that
mayors involved in illegal drugs should resign or face death: “That thick folder I showed you?
Find your name there, Mayor. Son of a bitch, if your name is there, you’ll have a problem. I
will really kill you.”140 [REDACTED].

132
P-0009, PHL-OTP-0002-0626 at 0645-0646, para. 102; P-0025, PHL-OTP-00002236 at 0010-0011, para. 28;
[REDACTED], PHL-OTP-00015394 at 0017-0020, lines 565-684.
133
P-0003, PHL-OTP-00000541 at 0004-0006, lines 87-147; P-0004, PHL-OTP-0004-0006 at 0035-0036, paras.
137-143; P-0009, PHL-OTP-0002-0626 at 0648-0649, paras. 116-122; [REDACTED], PHL-OTP-00015394 at
0109-0110, lines 3763-3809; Rappler, PHL-OTP-0003-1718.
134
P-0003, PHL-OTP-00000541 at 0004-0006, lines 87-147, PHL-OTP-00000544 at 0018, lines 574-583, PHL-
OTP-00000550 at 0015-0016, lines 454-498.
135
PCOO, DUTERTE’s Speech, 15 April 2017, PHL-OTP-0003-3199 (Translation PHL-OTP-00015490 at
0008-0009).
136
Video of DUTERTE’s Speech, 4 June 2016, PHL-OTP-00015220 (Partial transcript PHL-OTP-00015692,
Translation PHL-OTP-00015723 at 0005-0006, lines 180-181).
137
Video of DUTERTE’s Speech, 7 July 2016, PHL-OTP-00015326 (Transcript PHL-OTP-00015608,
Translation PHL-OTP-00015611).
138
Video of DUTERTE’s Speech, 7 August 2016, PHL-OTP-00001774 (Transcript PHL-OTP-00016132,
Translation PHL-OTP-00016419 see especially at 0003-0004).
139
See e.g. ABS-CBN News, PHL-OTP-0003-1661; Rappler, PHL-OTP-0003-2292.
140
PCOO, DUTERTE’s Speech, 9 January 2017, PHL-OTP-00017648 (Translation PHL-OTP-00017690 at
0003).

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46. [REDACTED] police also maintained drug watch lists, with targets listed by tier
according to their perceived ‘value’ (Levels 1 to 5).141 Generally, the names were proposed
during [REDACTED] at the regional level, and then the regional lists were centrally
consolidated by the PNP Directorate for Intelligence.142 One such list was the ‘PRRD List’,
which contains the names of “High-Value Targets”.143 Police who killed a target on the list
could access a covert reward system (which existed outside of the regular formal rewards
system) and receive a payment ranging from 50,000 to one million pesos, depending on the
level of the target.144 [REDACTED] the covert reward system, [REDACTED] was designed
outside of the [REDACTED] regular reward system “to motivate” police to conduct more
operations145 and had to be “secret” “to cover” up that killings were tolerated.146
[REDACTED].147 Other drug watch lists containing the names of individuals alleged to be
‘drug users’ or ‘drug pushers’ were maintained at the police station level. After killing
incidents, police would refer to the fact that the victim had been on such lists in their
reporting.148

8. Temporary withdrawals of police participation to placate public outcry

47. During the Presidential period, DUTERTE twice ordered the temporary withdrawal of
police from anti-illegal drug operations: the first time after the high-profile killing of Korean
national JEE Ick-Joo at Camp Crame (from 29 January to 6 March 2017);149 and the second
after public outcry following the killing of 17-year old Kian DELOS SANTOS (from 10
October to 4 December 2017).150 On both occasions, following these temporary withdrawals,
the number of reported killings dropped,151 demonstrating DUTERTE’s control over the
crimes. For example, from 1 July 2016 until the first suspension on 29 January 2017,

141
[REDACTED], PHL-OTP-00015394 at 0022, lines 749-771; P-1077, PHL-OTP-00015486 at 0026, lines 891-
898. For an example of a drug watch list, see PHL-OTP-00015357 (“PRRD List”), in particular, the description
of ‘Level 1’ to ‘Level 5’ under tab ‘legend’.
142
[REDACTED], PHL-OTP-00015394 at 0051-0052, lines 1755-1786; P-1077, PHL-OTP-00015486 at 0016,
lines 522-526, at 0022-0023, lines 761-787. See also PNP Annual Report, 2016, PHL-OTP-00017571 at 0033-
0035, 0040 (referring to validation workshops held for drug watch lists).
143
PRRD List, PHL-OTP-00015357, [REDACTED]. See also P-1077, PHL-OTP-00015486 at 0008-0011, lines
251-266, 328-355 ([REDACTED]).
144
[REDACTED], PHL-OTP-00015394 at 0022, lines 747-758, at 0024, lines 821-830, at 0045-0047, lines 1568-
1615.
145
[REDACTED], PHL-OTP-00015394 at 0010, lines 310-312.
146
[REDACTED], PHL-OTP-00015394 at 0036, lines 1227-1234.
147
[REDACTED], PHL-OTP-00015394 at 0043-0044, lines 1497-1503.
148
See e.g. PNP, PHL-OTP-00016789 at 0001, para. 2.
149
[REDACTED], PHL-OTP-00015394 at 0071-0073, lines 2463-2505.
150
[REDACTED], PHL-OTP-00001488 (Translation PHL-OTP-00015388 at 0003, lines 52-88).
151
[REDACTED], PHL-OTP-0003-3037 at 0005-0006; [REDACTED], PHL-OTP-00015394 at 0071-0072, lines
2450-2485.

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[REDACTED] a “high rate of deaths”, [REDACTED] continuing in double digits daily.152

During the first period of suspension, [REDACTED].153 [REDACTED].154 However,
DUTERTE soon ordered the PNP back into the campaign.155 When operations were
relaunched on 6 March 2017, the [REDACTED] ten people killed that same day.156
48. The statements DUTERTE made when announcing these suspensions reveal that they
were not genuine efforts to prevent crimes, but rather calculated attempts to placate public
criticism.157 For example, after the Kian DELOS SANTOS killing, DUTERTE gave a speech
in which he said that by replacing the PNP with the PDEA he hoped to satisfy “bleeding hearts
and the media”.158 These suspensions functioned to appease public outrage and ultimately
permit the Common Plan—and the crimes committed therein—to continue.159
49. Ultimately, DUTERTE continued to publicly encourage the killing of suspected
criminals. In a speech to police on 15 January 2018, he said: “When I said that you go and
destroy the drug industry, destroying means destroying including human life”.160 DUTERTE
repeatedly stated that, as long as there are drug lords in the Philippines, “this campaign will go
on until the last day of my term. Until all of them are killed”.161

C. THE CRIMES OCCURRED IN THE CONTEXT OF A WIDESPREAD AND

SYSTEMATIC ATTACK AGAINST THE CIVILIAN POPULATION

50. From at least 1 November 2011 to 16 March 2019,162 DUTERTE and his co-perpetrators
carried out a widespread and systematic attack directed against civilians alleged to be criminals
and their associates in the Philippines. Multiple acts under article 7(1) of the Statute
constituting a course of conduct were carried out pursuant to or in furtherance of a State policy.

152
[REDACTED], PHL-OTP-0003-3037 at 0005.
153
[REDACTED], PHL-OTP-0003-3037 at 0006.
154
[REDACTED], PHL-OTP-0003-3037 at 0006.
155
President of the Philippines, Executive Order No. 15: Creation of the Inter-Agency Committee on Anti-Illegal
Drugs (ICAD) and Anti-Illegal Drug Task Force to Suppress the Drug Problem in the Country, 6 March 2017,
PHL-OTP-0005-0415; Reuters, PHL-OTP-0003-0244.
156
[REDACTED], PHL-OTP-0003-3037 at 0006.
157
Bemba AJ, para. 176.
158
PCOO, DUTERTE’s Speech, 12 October 2017, PHL-OTP-00015496 (Translation PHL-OTP-00015573 at
0009); Inquirer, PHL-OTP-0003-1864 at 1864-1865.
159
[REDACTED], PHL-OTP-00015394 at 0073, lines 2519-2528.
160
PCOO, DUTERTE’s Speech, 15 January 2018, PHL-OTP-0003-3800 (Translation PHL-OTP-00015493 at
0004).
161
BBC, Video of DUTERTE’s Interview, 16 December 2016, PHL-OTP-00000280 (Transcript PHL-OTP-
00015596 at 0002); Philstar, PHL-OTP-0003-1343 (Translation PHL-OTP-00015623 at 0002).
162
While the temporal jurisdiction of the investigation extends from 1 November 2011 to 16 March 2019, the
evidence establishes that such acts were occurring from at least 1988 and continued beyond the date upon which
the Philippines’ withdrawal from the Rome Statute became effective.

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The crimes set out in Counts 1-5 formed part of the attack. DUTERTE, his co-perpetrators and
the physical perpetrators knew that their conduct was, or intended it to be, part of that attack.

1. The co-perpetrators carried out an attack against a civilian population

51. The attack was comprised of multiple acts under article 7(1) collectively amounting to a
course of conduct directed against the civilian population of the Philippines. They include the
45 acts of murder, four acts of torture and three acts of rape set out in Counts 1-5, a
representative sample of the multiple acts of violence referred to in article 7(1).163
52. As noted above, during the Mayoral period, there were at least [REDACTED] acts of
murder of civilians [REDACTED].164 During the Presidential period, thousands of civilians
were murdered.165 [REDACTED] shows that at least [REDACTED] anti-drug-related killings
occurred between 10 May 2016 (the day after DUTERTE was elected President) and 31
December 2018.166 [REDACTED] at least [REDACTED] killings occurred in connection with
the formal anti-illegal drugs campaign between 1 July 2016 and early March 2019.167 The
DUTERTE Administration’s 2017 Year End Report of “Key Accomplishments” recorded
3,967 drug personalities killed between 1 July 2016 and 22 November 2017, and a further
16,355 drug-related homicide cases during a similar period, suggesting a total of 20,322
killings.168 In 2019, PDEA acknowledged that 5,281 “drug personalities” “died in anti-drug
operations” between 1 July 2016 and 28 February 2019.169
53. P-1162 analysed the magnitude of deadly police violence before and during
DUTERTE’s Presidency.170 His analysis of 11 regions of the Philippines (encompassing
approximately 70% of the population) shows that 174 suspects were killed by the police per
year from 2006 to 2015. By contrast, in the first 25 months of DUTERTE’s Presidency, the
number of suspects killed by police per year increased to 1,202 persons, with 2,506 suspects
killed between July 2016 to July 2018, a rise of 590%.171 The massive rise in police killings
demonstrates the immediate results of the implementation of the Common Plan nationwide.

163
See below VI. D. DUTERTE Committed Crimes Against Humanity.
164
See above para. 31.
165
HRW, PHL-OTP-0003-0796 at 0796; Amnesty International (“AI”), PHL-OTP-0003-0799 at 0799; CHR,
PHL-OTP-0003-3344 at 3347, para. 14; Reuters, PHL-OTP-0003-0565; The Manila Times, PHL-OTP-0003-
1494; AI, PHL-OTP-0003-1004 at 1013; PhilStar, PHL-OTP-0002-0601; The Atlantic, PHL-OTP-0003-0550 at
0553.
166
[REDACTED], PHL-OTP-0004-1036.
167
[REDACTED], PHL-OTP-0003-3146; [REDACTED], PHL-OTP-0003-0810 at 0812-0814.
168
PCOO, PHL-OTP-0003-3355 at 3379.
169
PDEA, PHL-OTP-0003-2538 at 2538.
170
P-1162, PHL-OTP-00017684 at 0006-0023.
171
P-1162, PHL-OTP-00017684 at 0011-0014.

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54. These acts were not the mere aggregate of a few isolated or random incidents.172 They
shared common features in terms of: their location and context (occurring in public,173 after
abduction,174 or while victims were in police custody);175 the nature of the operations (riding-
in-tandem,176 buy-bust operations,177 Operation Tokhang house visits or raids on residences,178
or OTBT operations);179 the method of killing (frequently at close range by shooting or
stabbing);180 the profile of the victims (individuals alleged to be involved in criminality,
including those on ‘drug watch lists’, and their family members or other associates who
happened to be in the vicinity of the incident);181 and the profile of the perpetrators (Philippine
State actors, in particular PNP personnel, appear to have been involved in many of the acts).182
For example, all of the [REDACTED] victims [REDACTED] were: (i) killed in a violent
fashion; and (ii) on a drug watch list, alleged to have links to drug use or sale, and/or killed in
anti-drug operations.183 Moreover, the underlying aims of the acts appear frequently to have
been to eliminate and deter criminality and drug use, as well as to meet mandated death

172
Gbagbo CD, para. 209; Bemba TJ, para. 149.
173
P-0003, PHL-OTP-00000541 at 0004, lines 70-84, PHL-OTP-00000549 at 0012-0016, lines 347-487, PHL-
OTP-00000550 at 0002-0004, lines 31-70.
174
[REDACTED], PHL-OTP-00015507 at 0011-0012, lines 367-417, PHL-OTP-00015508 at 0003-0005, lines
44-166, at 0014, lines 487-518, PHL-OTP-00015509 at 0004, lines 124-125; P-0003, PHL-OTP-00000549 at
0003-0005, lines 59-120; P-0009, PHL-OTP-0002-0626 at 0645, para. 100, at 0669-0670, paras. 228-229.
175
P-0003, PHL-OTP-00000541 at 0004-0005, lines 89-133, at 0007, lines 181-182, at 0016-0017, lines 501-539;
P-0004, PHL-OTP-0004-0006 at 0058-0059, paras. 255-258; P-0009, PHL-OTP-0002-0626 at 0733, para. 557,
at 0739-0740, para. 597.
176
P-0003, PHL-OTP-00000541 at 0004, lines 73-74; P-0004, PHL-OTP-0004-0006 at 0025-0026, para. 93, at
0046, para. 194, at 0073, para. 329; P-0009, PHL-OTP-0002-0626 at 0645, para. 99, at 0687-0688, para. 321.
177
P-0003, PHL-OTP-00000545 at 0009, lines 257-258; P-0004, PHL-OTP-0004-0006 at 0035, para. 137; P-
0009, PHL-OTP-0002-0626 at 0645-0646, para. 102, at 0648, para. 117, at 0681, para. 288, at 0687, para. 319;
Reuters, PHL-OTP-0003-0092 at 0093.
178
[REDACTED], PHL-OTP-00015508 at 0011-0012, lines 364-442, PHL-OTP-00015509 at 0004, lines 124-
125; P-0004, PHL-OTP-0004-0006 at 0032, para. 126, at 0045-0046, para. 191, at 0049, para. 207, at 0074-0075,
paras. 336-340; P-0009, PHL-OTP-0002-0626 at 0678, para. 274, at 0682, para. 295, at 0687, para. 319, at 0688-
0689, para. 326.
179
P-0003, PHL-OTP-00000541 at 0004-0006; P-0004, PHL-OTP-0004-0006 at 0034-0036, paras. 135-143, at
0038-0039, paras. 156-160; P-0009, PHL-OTP-0002-0626 at 0648-0649, paras. 117-122; Rappler, PHL-OTP-
0003-1718.
180
[REDACTED], PHL-OTP-0001-2691 at 2692-2698, lines 23-262; [REDACTED], PHL-OTP-00015509 at
0010, line 356; P-0003, PHL-OTP-00000549 at 0003-0006, lines 38-159; P-0009, PHL-OTP-0002-0626 at 0632,
para. 35 .
181
[REDACTED], PHL-OTP-0001-2639 at 2652-2653, lines 422-480, PHL-OTP-0001-2682 at 2690, lines 245-
250; P-0003, PHL-OTP-00000547 at 0016, lines 492-495, PHL-OTP-00000552 at 0007, lines 248-262, at 0010,
lines 295-305; P-0004, PHL-OTP-0004-0006 at 0059-0060, paras. 259-265; P-0008, PHL-OTP-00000598 at
0011, lines 334-342; P-0009, PHL-OTP-0002-0626 at 0685-0686, paras. 306, 308, 310, at 0697-0698, paras. 368-
369.
182
PDEA, PHL-OTP-0003-2538 at 2538-2545; [REDACTED], PHL-OTP-00015506 at 0004, lines 88-98, PHL-
OTP-00015507 at 0005-0006, lines 123-190; P-0003, PHL-OTP-00000547 at 0003-0005, lines 37-97;
[REDACTED], PHL-OTP-0003-3037.
183
[REDACTED], PHL-OTP-0004-1036.

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quotas.184 Overall, these common features show that the acts formed part of a course of conduct
committed in the context of, and in connection with, the Common Plan.
55. The targets were primarily civilians on Philippine territory alleged by the authorities to
be involved in crimes including drug-related activities, and their family members.185 This is
evidenced, inter alia, by insider witness accounts that they targeted victims on this basis,186 the
fact that many victims had been on drug watch lists before their deaths, 187 public
pronouncements by DUTERTE about targeting those suspected of involvement in
“criminality, the sale and use of illegal drugs”,188 as well as DUTERTE and his associates’
private instructions to direct perpetrators to target such individuals.189 Police assets and hitmen
who had lost the trust of their handlers, and were considered to be a risk of revealing the scope
of the perpetrators’ criminal activities, were also targeted and eliminated as part of the attack.190

2. The attack was carried out pursuant to or in furtherance of a State policy

56. The attack was carried out pursuant to a State policy191 to attack alleged criminals in the
Philippines, who were supposedly involved in drug-related (including production, sale and use)
and other crimes (such as theft and murder). DUTERTE espoused and implemented the policy

184
[REDACTED], PHL-OTP-00015527 at 0007-0008, lines 243-282, PHL-OTP-00015528 at 0002-0003; P-
0009, PHL-OTP-0002-0626 at 0665, at 0685-0686, paras. 306, 308, 310.
185
[REDACTED] PHL-OTP-0001-2639 at 2652-2653, lines 422-480, PHL-OTP-0001-2682 at 2690, lines 245-
250; P-0003, PHL-OTP-00000547 at 0016, lines 492-495, PHL-OTP-00000552 at 0007, lines 248-262, at 0010,
lines 295-305; P-0004, PHL-OTP-0004-0006 at 0059-0060, paras. 259-265; P-0008, PHL-OTP-00000598 at
0011, lines 334-342; P-0009, PHL-OTP-0002-0626 at 0685-0686, paras. 306, 308, 310, at 0697-0698, paras. 368-
369; [REDACTED] PHL-OTP-00000147 at 0030.
186
[REDACTED], PHL-OTP-0001-2605 at 2616, lines 341-343; [REDACTED] PHL-OTP-00015501 at 0001,
lines 13-14; [REDACTED], PHL-OTP-00000147 at 0030, line 19; [REDACTED], PHL-OTP-00015390 at 0010,
lines 341-343.
187
P-0003, PHL-OTP-00000553, 0015-0018, lines 479-485, PHL-OTP-00000556 at 0012, lines 396-397; P-0004,
PHL-OTP-0004-0006 at 0059-0060, paras. 259-265, at 0068, paras. 307-308, at 0073, para. 330; P-0009, PHL-
OTP-0002-0626 at 0685-0686, paras. 306, 308, 310, at 0697-0698, paras. 368-369. See also HRW, PHL-OTP-
0003-0662 at 0718, 0727, 0737-0740; Reuters, PHL-OTP-0003-0283 at 0283-0287.
188
PCOO, DUTERTE’s Speech, 30 June 2016, PHL-OTP-0003-3291 at 3292. See also PCOO, DUTERTE’s
Speech, 15 January 2018, PHL-OTP-0003-3800 (Translation PHL-OTP-00015493 at 0004); PCOO,
DUTERTE’s Speech, 13 March 2017, PHL-OTP-0003-3224 (Translation PHL-OTP-00015479 at 0015; PCOO,
DUTERTE’s Speech, 14 March 2017, PHL-OTP-0003-3261 (Translation PHL-OTP-00015492 at 0006).
189
[REDACTED], PHL-OTP-00015501 at 0002, lines 8-21; [REDACTED], PHL-OTP-00000147 at 0030, paras.
19-22.
190
See e.g. [REDACTED], PHL-OTP-00000541 at 0009, lines 246-250, PHL-OTP-00000545 at 0010-0017, lines
299-328, PHL-OTP-00000550 at 0010, lines 290-291; [REDACTED], PHL-OTP-00015461 at 0004-0011, lines
73-312, PHL-OTP-00015462 at 0002-0011, lines 4-323, PHL-OTP-00015463 at 0002-0008, lines 2-217, PHL-
OTP-00015464 at 0008-0009, lines 218-272.
191
The requirement of a “State or organisational policy” ensures that an attack against the civilian population has
a “collective” dimension. A policy may consist of a pre-established design or plan, but may also crystallise and
develop only as actions are undertaken by the perpetrators. It need not be bureaucratic, formalised, or precise, and
may be implicit and may be inferred from the manner in which the acts occur. See Al Hassan CD, para. 181;
Ntaganda TJ, para. 674; Bemba CD, para. 81; Katanga & Chui CD, para. 396; Gbagbo CD, para. 215; Katanga
TJ, paras. 1108, 1110; Bemba TJ, para. 160 (fn. 361).

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as Mayor in Davao City, and later, as promised in his election campaign, implemented it
nationwide as President. The policy was connected to the State, as the State’s forces and
resources were used to promote, condone and execute the attack. The crimes were planned,
ordered and perpetrated using State personnel, including from the PNP and PDEA.192
57. The policy is evidenced through a range of factors. First, [REDACTED] the origins of
the policy in Davao City in the late 1980s, when DUTERTE instructed police and paid non-
police hitmen in Davao City to kill criminals including drug personalities.193 [REDACTED]
DUTERTE disseminated this policy to perpetrators and authorised and financed killings when
he was Mayor and Vice Mayor of Davao.194 He also disseminated the policy to the general
public through his frequent media appearances. For example, he asserted at a 2013 press
conference that shoot-to-kill orders and “rewards”, including for delivery of a “carcass” are
“legitimate tools of government to fight lawlessness”—“dead, then I double the prize”.195 In a
2015 televised interview, he said that if drug dealers did not leave Davao City within 48 hours,
“I will kill you […] I will tell the police to shoot you”.196 As noted above, he subsequently
asserted that this policy “worked” and he would apply it as President.197
58. Second, not only was the policy implemented through the use of State forces and
resources, but there was a high degree of coordination amongst different State actors, as well
as between State actors and hitmen, to commit the crimes.198 The State actors included police

192
There is no need for a “State or organisational policy” to have been conceived at the national level. A policy
“adopted by regional or even local organs of the State” can equally satisfy this requirement. See Kenya Article 15
Decision, para. 89.
193
[REDACTED], PHL-OTP-0001-2576 at 2591-2592, lines 510-537, at 2599-2602, lines 758-859, PHL-OTP-
0001-2605 at 2611-2614, lines 185-288, at 2616, lines 347-366; [REDACTED], PHL-OTP-00015500 at 0009-
0010, lines 302-338, PHL-OTP-00015514 at 0011, lines 370-378; [REDACTED], PHL-OTP-0006-9247 at 9247-
9248.
194
[REDACTED], PHL-OTP-0001-2605 at 2620-2621, lines 479-540, at 2630-2632 lines 822-902;
[REDACTED], PHL-OTP-00015514 at 0002-0004, lines 23-93, PHL-OTP-00015502 at 0001-0002, lines 24-69;
[REDACTED], PHL-OTP-0006-9247 at 9249, 9252; [REDACTED], PHL-OTP-00015390 at 0011, lines 383-
409.
195
Video of DUTERTE’s Speech, uploaded 15 July 2013, PHL-OTP-00000354 (Transcript PHL-OTP-
00001679, Translation PHL-OTP-00001682). See also Video of DUTERTE’s Interview, uploaded 15 July 2013,
PHL-OTP-00000285 (Transcript PHL-OTP-00000840, Translation PHL-OTP-00000848).
196
Video of DUTERTE’s Speech, uploaded 26 October 2015, PHL-OTP-00000306 (Transcript PHL-OTP-
00000847, Translation PHL-OTP-00000855); SunStar, PHL-OTP-00000409.
197
See above para. 32.
198
President of the Philippines, Executive Order No. 15: Creation of the Inter-Agency Committee on Anti-Illegal
Drugs (ICAD) and Anti-Illegal Drug Task Force to Suppress the Drug Problem in the Country, 6 March 2017,
PHL-OTP-0005-0415; DILG, Memorandum No.2016-03, 13 July 2016, Section 6.1.1, PHL-OTP-0003-3335 at
3337; DILG, Memorandum No.2016-113, 2 September 2016, PHL-OTP-0005-0323 (implementing the MASA
MASID programme, coordinating community action in “the fight against illegal drugs and criminality”);
[REDACTED], PHL-OTP-0001-2731 at 2747-2748, lines 508-550, PHL-OTP-0001-2605 at 2630-2632, lines
822-902; [REDACTED], PHL-OTP-00015514 at 0009, lines 368-378, PHL-OTP-00015502 at 0008, lines 273-
274, PHL-OTP-00015503 at 0002, lines 7-19, PHL-OTP-00015542 at 0001-0002, lines 25-74; P-0003, PHL-
OTP-00000549 at 0005-0007, lines 164-184; P-0004, PHL-OTP-0004-0006 at 0059-0060, paras. 262-265; P-

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personnel under DUTERTE’s control in Davao City when he was Mayor and, later, PNP,
PDEA and other State forces under his overall authority when he was President. In both
periods, local administrators coordinated with law enforcement personnel to target victims.
[REDACTED].199 During the Presidential period, barangay counsellors gave police the names
of targets and provided personnel to surveil such targets and report their whereabouts to police
perpetrators.200 DUTERTE’s Davao City Mayor’s Office provided the DDS with vehicles,
ammunition and firearms to perpetrate crimes pursuant to the policy, as well as paid hitmen a
regular salary ([REDACTED]).201 Similarly, when DUTERTE was President, police
instructed and coordinated with non-police assets, who used equipment provided by police, to
perpetrate killings.202
59. Third, the anti-drugs component of the policy was ultimately formalised through CMC
No. 16-2016 by DUTERTE’s long-time ally and PNP Chief appointee DELA ROSA.203 CMC
No. 16-2016’s launch was immediately followed by a marked increase in killings.204 Such
killings were endorsed by DUTERTE’s administration, which, for example, listed “3,967 Drug
personalities who died in anti-drug operations” as “accomplishments” in its public reporting.205
60. Fourth, the policy is articulated through the abundance of public statements by
DUTERTE, made during his time as both Mayor206 and President,207 as well as by other
Philippine Government officials, encouraging, supporting and urging law enforcement
personnel and the public to kill suspected criminals including alleged drug users and dealers.208

0009, PHL-OTP-0002-0626 at 0650, para. 125; [REDACTED], PHL-OTP-0006-9247 at 9249, 9260, PHL-OTP-
00000147 at 0034, paras. 46-49; Reuters, PHL-OTP-0003-0283.
199
[REDACTED], PHL-OTP-00015503 at 0002, lines 2-22; [REDACTED], PHL-OTP-00015440 at 0008-0009,
lines 286-284.
200
P-0003, PHL-OTP-00000549 at 0005-0007, lines 164-184.
201
[REDACTED], PHL-OTP-0001-2691 at 2703-2704, lines 385-430, at 2725-2726, lines 1136-1162;
[REDACTED], PHL-OTP-00015503 at 0002-0003, lines 31-61; [REDACTED], PHL-OTP-0006-9247 at 9250;
HRW, PHL-OTP-0003-0886 at 0941-0942.
202
P-0003, PHL-OTP-00000541 at 0015-0017, lines 485-539, PHL-OTP-00000529 at 0009-0010, lines 294-310;
P-0008, PHL-OTP-00000597 at 0017, lines 546-592, PHL-OTP-00000601 at 0013-0014, lines 401-433.
203
See above paras. 39-40.
204
See above paras. 51-52.
205
PCOO, PHL-OTP-0003-3355 at 3379. See also Supreme Court of the Republic of the Philippines, Aileen
Almora et al. v. Director General Ronald Dela Rosa, G.R. Nos. 234359 and 234484, 3 April 2018, PHL-OTP-
0003-3058 at 3103 (where the Supreme Court noted: “The government's inclusion of these deaths among its other
accomplishments may lead to the inference that these are state-sponsored killings”).
206
See below VI. E. DUTERTE is Criminally Responsible for the Crimes Alleged in this Application.
207
See above paras. 36, 40-41, 43-45, 49 and below VI. E. DUTERTE is Criminally Responsible for the Crimes
Alleged in this Application.
208
Video of DELA ROSA’s Interview, 26 August 2016, PHL-OTP-00000288 (Transcript PHL-OTP-00000841,
Translation PHL-OTP-00000849 at 0002); Inquirer, PHL-OTP-0003-1350 at 1351; The Philippine Star, PHL-
OTP-0003-1377 at 1377; Video of AGUIRRE’s Speech, 1 February 2017, PHL-OTP-00001460 (Transcript PHL-
OTP-00014861, Translation PHL-OTP-00014867 at 0002); PhilStar, PHL-OTP-0003-0032 at 0032; CNN, PHL-
OTP-0003-0183 at 0184.

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61. Fifth, the policy is evidenced by payments offered by DUTERTE for killings, as well as
by the accounts of insider witnesses that they received cash rewards per head for killings.209
62. Finally, the policy is demonstrated by DUTERTE’s repeated public promises to shield
perpetrators of crimes committed in furtherance of the Common Plan, some of which are
described in other parts of this Application.210 These factors make it clear that a State policy
existed to attack alleged criminals, including those involved in drug activities.

3. The attack was both widespread and systematic

63. The attack was widespread. It was carried out on a large scale and frequent basis,
victimising a significant number of civilians over a broad geographic area and a prolonged
period of time.211 During the Mayoral period, the part of the attack which falls within the
temporal jurisdiction of the investigation occurred in Davao City for a period of more than
seven years.212 The attack continued during Presidential period, where it was expanded to all
regions of the Philippines for almost three years.213 Potentially tens of thousands of killings
were perpetrated,214 with the Government acknowledging that 5,281 “drug personalities” “died
in anti-drug operations” between 1 July 2016 and 28 February 2019.215 Witnesses describe how
killings were perpetrated virtually every night in the Mayoral and Presidential periods.216
64. The attack was also systematic, which can be inferred from the evidence of the State
policy,217 and is further demonstrated by: the preparations (including the coordinated
preparedness by DUTERTE’s administration to roll out the anti-illegal drugs campaign on the
first day of the Presidency);218 the highly organised and coordinated nature of the attack
(amongst different State actors, and between State actors and hired hitmen, to perpetrate the
acts);219 and a clear and consistent pattern of violence directed at the targeted population.220

209
[REDACTED] PHL-OTP-0001-2605 at 2621, lines 512-516; [REDACTED], PHL-OTP-00015509 at 0017,
lines 619-625; [REDACTED], PHL-OTP-00015390 at 0010-0012, lines 355-388; Commission on Audit Report
on the Office of the President for 2016, PHL-OTP-00000397 at 0022, 0023; Reuters, PHL-OTP-0003-0092;
GMA, PHL-OTP-0003-1847.
210
See above para. 40 and below para. 94.
211
Ntaganda TJ, para. 691; Ongwen TJ, para. 2681; Ntaganda AWA Decision, para. 19; Katanga & Chui CD,
paras. 395, 398; Katanga TJ, para. 1098.
212
Being 1 November 2011 to 16 March 2019.
213
Being 1 July 2016 to 16 March 2019.
214
See above para. 52-53.
215
PDEA, PHL-OTP-0003-2538 at 2538.
216
P-0004, PHL-OTP-0004-0006 at 0020, para. 63; [REDACTED], PHL-OTP-0006-9247 at 9250-9251, 9258.
217
See above paras. 56-62.
218
See above paras. 34-36. See also [REDACTED], PHL-OTP-00015389 at 0002, lines 18-31.
219
See above para. 59 (fn 198).
220
See above para. 55.

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4. There is a nexus between the individual acts and the attack

65. There is a nexus221 between the identified individual acts charged in Counts 1-5 and the
attack, given: (i) the geographic and temporal overlap between the attack and the crimes;
(ii) that in many instances the perpetrators of the crimes—members of Philippine law
enforcement and associated perpetrators—appear to be responsible for the attack; (iii) that the
same category of persons (alleged criminals and individuals associated with them) were the
object of the attack and the victims of the crimes; and (iv) the aims of the acts were consistent
with the purported aims of the attack, namely to eliminate and deter criminality and drug use.222
66. The incidents described in Counts 2 (torture) and 3 (rape) were committed as part of the
attack because: Incident 1 was perpetrated pursuant to DUTERTE’s instructions via the DDS
hierarchy;223 and Incident 6224 [REDACTED].225 The perpetrators knew and intended their
conduct to be part of the attack because: the conduct occurred in the context of interrogating
alleged criminals; and they knew that they would receive reward money via the DDS hierarchy
once the victims ‘confessed’ to their alleged criminality and could be killed.226

5. The perpetrators intended the conduct to be part of a widespread or systematic attack

against a civilian population

67. DUTERTE, his co-perpetrators and the physical perpetrators intended that the crimes
form part of the attack. DUTERTE and his co-perpetrators knew this because they devised the
policy and implemented it through the DDS and National Network. The crimes were committed
by members of the DDS and the National Network [REDACTED]. From their experience in
Davao City they knew that the physical perpetrators were prepared to commit the crimes in
furtherance of the purported goals of the attack. Their intent is also reflected in their frequent
public statements in support of the conduct to further the attack. The physical perpetrators’
intent is seen in their statements that they intended the commission of the crimes to further the
goals of the attack. [REDACTED].227

221
Bemba TJ, para. 164; Katanga TJ, para. 1124.
222
Counts 1-5; [REDACTED], PHL-OTP-00015527 at 0007-0008, lines 243-270, PHL-OTP-00015528 at 0002-
0003, lines 8-54; P-0009, PHL-OTP-0002-0626 at 0665, para. 201, at 0685-0686, paras. 306, 308, 310;
[REDACTED], PHL-OTP-0006-9247 at 9247, 9251.
223
See below para. 69, Incident 1.
224
See below para. 69, Incident 6.
225
ICC Elements of Crimes, article 7(1)(f)(4).
226
ICC Elements of Crimes, article 7(1)(f)(5).
227
[REDACTED], PHL-OTP-0001-2779 at 2783-2784, lines 133-144.

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D. DUTERTE COMMITTED CRIMES AGAINST HUMANITY

68. There are reasonable grounds to believe that, between 1 November 2011 and 16 March
2019, DUTERTE committed the crimes listed in Section V. Non-argumentative Annex C
further specifies how the Prosecution relies on the evidence to substantiate these incidents.

1. The crime against humanity of murder under article 7(1)(a)

a. Count 1: Murders in Davao City during the Mayoral period by the DDS

69. The murders in Incidents 1-5, 7-10 were perpetrated by the DDS while DUTERTE was
Mayor of Davao City. DDS members were instructed to kill the victims because they were each
alleged to be involved in various forms of criminality, as detailed below.
(i) Incident 1 - Murder of three alleged drug pushers, all First Name Unknown (“FNU”)
Last Name Unknown (“LNU”), in [REDACTED], Davao City in or around 2013:228
[REDACTED].
(ii) Incident 2 - Murder of seven alleged criminals, all FNU LNU, [REDACTED] Davao
del Norte in or around 2013:229 DUTERTE instructed [REDACTED].230
[REDACTED] DDS members231 who abducted the seven [REDACTED] and took
them to [REDACTED] Davao Del Norte.232 [REDACTED].233 [REDACTED].234
[REDACTED].235
70. In Incidents 3-5 and 7-10, [REDACTED]236 [REDACTED]237 [REDACTED].238
(i) Incident 3 - Murder of alleged thieves [REDACTED]239 [REDACTED] at
[REDACTED] Davao City on [REDACTED] 2013:240 [REDACTED] [REDACTED]
shot and killed one.241 They reported to [REDACTED] that the job was done, who in

228
Annex C, Victim numbers 1-3.
229
Annex C, Victim numbers 4-10.
230
[REDACTED], PHL-OTP-00015447 at 0007-0008, lines 173-226, PHL-OTP-00015448 at 0006-0007, lines
169-181, PHL-OTP-00015452 at 0003-0004, lines 59-60, 74-85.
231
[REDACTED], PHL-OTP-00015447 at 0007-0008, lines 173-226, PHL-OTP-00015448 at 0003, lines 45-58,
at 0006, lines 159-165.
232
[REDACTED], PHL-OTP-00015447 at 0007-0008, lines 173-178, 229-242, at 0010-0011, lines 283-311,
PHL-OTP-00015448 at 0002, lines 6-23, PHL-OTP-00015452 at 0003-0004, lines 30-85.
233
[REDACTED], PHL-OTP-00015447 at 0007-0008, lines 173-180, 236-239, at 0010-0011, lines 304-316.
234
[REDACTED], PHL-OTP-00015447 at 0008-0011, lines 236-238, 257-282, 317-330, PHL-OTP-00015448 at
0003, lines 37-44.
235
[REDACTED], PHL-OTP-00015448 at 0006-0007, lines 169-181.
236
ICC Elements of Crimes, article 7(1)(a)(1).
237
[REDACTED].
238
[REDACTED], PHL-OTP-0001-2605 at 2630-2632, lines 822-902.
239
[REDACTED].
240
Annex C, Victim numbers 11-13.
241
[REDACTED], PHL-OTP-0001-2682 at 2683-2690, lines 17-250, PHL-OTP-0001-2691 at 2692-2698, lines
23-210.

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turn informed [REDACTED]242 [REDACTED].243 [REDACTED]244

[REDACTED].245
(ii) Incident 4 - Murder of alleged drug pusher [REDACTED]246 Davao City on
[REDACTED] 2014:247 [REDACTED] obtained DUTERTE’s clearance,
[REDACTED], to kill alleged drug pusher [REDACTED].248 [REDACTED] shot and
killed [REDACTED].249
(iii) Incident 5 - Murder of alleged thief [REDACTED] LNU [REDACTED] Davao City
on [REDACTED] 2014:250 DUTERTE authorised the killing of alleged thief
[REDACTED] LNU.251 [REDACTED]252 [REDACTED] shot and killed
[REDACTED.253 [REDACTED].254
(iv) Incident 7 - Murder of alleged drug pusher FNU LNU in [REDACTED] Davao
City on [REDACTED] 2014:255 [REDACTED].256 [REDACTED] shot
[REDACTED] multiples times, killing [REDACTED].257 [REDACTED].258

242
See [REDACTED], PHL-OTP-00015402 at 0006; [REDACTED], PHL-OTP-00015390 at 0012.
243
[REDACTED], PHL-OTP-0001-2682 at 2683-2690, lines 17-250, PHL-OTP-0001-2691 at 2692-2698, lines
23-210.
244
[REDACTED], PHL-OTP-00000324, PHL-OTP-00000321.
245
[REDACTED], PHL-OTP-0001-2682 at 2685, line 103.
246
[REDACTED], see [REDACTED], PHL-OTP-00001717 at 0002-0003, lines 2-51, PHL-OTP-00001418 at
0003-0004, lines 67-75, PHL-OTP-00001719 at 0002, lines 4-26, PHL-OTP-00000418 at 0002, PHL-OTP-0001-
0304 at 0304.
247
Annex C, Victim number 14.
248
[REDACTED], PHL-OTP-00001718 at 0004-0006, lines 77-168, at 0009-0011, lines 259-315.
249
[REDACTED], PHL-OTP-00001717 at 0002-0003, lines 2-51, PHL-OTP-00001418 at 0002-0004, lines 17-
75, at 0006-0009, lines 168-259, at 0011-0014, lines 316-437, PHL-OTP-00001719 at 0002-0003, lines 4-49;
SunStar, PHL-OTP-00000422.
250
Annex C, Victim number 15.
251
[REDACTED], PHL-OTP-00001724 at 0002-0006, lines 13-147, PHL-OTP-00001725 at 0009-0010, lines
266-267, 301-312; SunStar, PHL-OTP-00000423 at 0003.
252
[REDACTED], PHL-OTP-00001724 at 0004-0010, lines 75-207, 224-236, 247-276, PHL-OTP-00001725 at
0004, lines 74-82, at 0011, lines 326-329.
253
[REDACTED], PHL-OTP-00001724 at 0007-0009, lines 197-248, PHL-OTP-00001725 at 0009-0010, lines
261-279; SunStar, PHL-OTP-00000423 at 0003.
254
[REDACTED], PHL-OTP-00001724 at 0009, lines 269-270.
255
Annex C, Victim number 17.
256
[REDACTED], PHL-OTP-00001732 at 0003-0004, lines 58-97, at 0006, lines 145-160.
257
[REDACTED], PHL-OTP-00001732 at 0003-0009, lines 58-271, PHL-OTP-00001733 at 0002-0004, lines 3-
90; TV Patrol Southern Mindanao, PHL-OTP-00000426 (Translation PHL-OTP-00001483 at 0002).
258
[REDACTED], PHL-OTP-00001732 at 0009, lines 252-256.

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(v) Incident 8 - Murder of alleged drug pusher [REDACTED]259 at [REDACTED] Davao

City on [REDACTED] 2014:260 [REDACTED]261 [REDACTED]262 [REDACTED]
and shot [REDACTED] several times, killing [REDACTED].263
(vi) Incident 9 - Murder of alleged drug pusher [REDACTED]264 at [REDACTED] Davao
City on [REDACTED] 2016:265 [REDACTED]266 [REDACTED].267 Following
instructions from [REDACTED] DDS group268 went to the [REDACTED] shot the
target [REDACTED] killing [REDACTED].269 [REDACTED].270
(vii) Incident 10 - Murder of alleged drug pusher [REDACTED] in [REDACTED] Davao
City on [REDACTED] 2016:271 [REDACTED] was an alleged drug pusher.272
[REDACTED] DDS group273 to the target’s location, [REDACTED] shot
[REDACTED] multiple times, killing [REDACTED].274 [REDACTED].275

b. Count 4: Murders of HVTs during the Presidential period

71. The murders described in Incidents 12, 14 and 17 were perpetrated by members of
Philippine law enforcement, sometimes with the assistance of non-police assets, against targets
labelled as “high-value” for their alleged involvement in drug syndicates.

259
Alias: [REDACTED].
260
Annex C, Victim number 18.
261
[REDACTED], PHL-OTP-00001741 at 0013, lines 374-392.
262
[REDACTED], PHL-OTP-00001739 at 0004, line 81, PHL-OTP-00001741 at 0002-0003 lines 36-66, at 0006,
lines 156-161, PHL-OTP-0001-0304 at 0304, PHL-OTP-00000418 at 0003; SunStar, PHL-OTP-00000522
(Translation PHL-OTP-00001484), PHL-OTP-00000520 at 0001.
263
[REDACTED], PHL-OTP-00001741 at 0002-0013, lines 36-373, PHL-OTP-00000454 at 0002-0003, PHL-
OTP-00000455 at 0002-0003; SunStar, PHL-OTP-00000522 (Translation PHL-OTP-00001484), PHL-OTP-
00000520 at 0001.
264
Alias: [REDACTED].
265
Annex C, Victim number 19.
266
[REDACTED], PHL-OTP-00001709 at 0002-0004, lines 35-71.
267
[REDACTED], PHL-OTP-0001-2731 at 2734, lines 70-75, PHL-OTP-0001-0304 at 0304, PHL-OTP-0001-
0306 at 0306, PHL-OTP-00001708 at 0004-0005, lines 106-139, PHL-OTP-00001709 at 0010-0011, lines 292-
329; ABS-CBN, PHL-OTP-00000419 at 0002; SunStar, PHL-OTP-00000374 at 0001.
268
[REDACTED], PHL-OTP-00001708 at 0005-0007, lines 130-133, 174-182, at 0009-0011, lines 299-327,
PHL-OTP-00001709 at 0002-0004, lines 35-71, at 0007-0008, lines 202-228, at 0012-0013, lines 365-410.
269
[REDACTED], PHL-OTP-00001708 at 0004-0013, lines 106-392, PHL-OTP-00001709 at 0002-0013, lines
2-403.
270
[REDACTED], PHL-OTP-00001709 at 0008, lines 213-228.
271
Annex C, Victim number 20.
272
[REDACTED], PHL-OTP-00001711 at 0008-0011, lines 219-328, PHL-OTP-0001-0304 at 0304; Davao
Today, PHL-OTP-00000524 at 0001; Sunnexdesk, PHL-OTP-00000421, at 0002; Investigation Report, PHL-
OTP-00000526.
273
[REDACTED], PHL-OTP-00001711 at 0013-0015, lines 383-408, PHL-OTP-00001712 at 0006-0007, lines
161-176; PHL-OTP-00001713 at 0002, lines 19-22, at 0008-0009, lines 240-277, at 0011-0012, lines 345-380;
PHL-OTP-00001714 at 0006-0008, lines 151-220; PHL-OTP-00001715 at 0005-0009, lines 126-202.
274
[REDACTED], PHL-OTP-00001711 at 0006-0015, lines 167-473, PHL-OTP-00001712 at 0002-0013, lines
34-381; Davao Today, PHL-OTP-00000524 at 0001; Sunnexdesk, PHL-OTP-00000421, at 0002; Investigation
Report, PHL-OTP-00000526.
275
[REDACTED], PHL-OTP-00001714 at 0006-0007, lines 171-188.

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(i) Incident 12 - Murder of alleged drug manufacturers [REDACTED],276

[REDACTED]277 and [REDACTED]278 at [REDACTED]:279 [REDACTED].280
[REDACTED].281 [REDACTED].282 [REDACTED].283 [REDACTED]284
[REDACTED].285
(ii) Incident 14 - Murder of alleged drug manufacturers [REDACTED]286 and
[REDACTED]:287 [REDACTED].288 [REDACTED].289 At the target location,
[REDACTED] and shot and killed them immediately. [REDACTED].290
[REDACTED].291 [REDACTED].292
(iii) Incident 17 - Murder of [REDACTED] 2017:293 [REDACTED].294 [REDACTED].295
[REDACTED].296 [REDACTED].297 [REDACTED].298

276
Alias: [REDACTED].
277
Alternative spelling: [REDACTED].
278
Alternative spelling: [REDACTED].
279
Annex C, Victim numbers 22-24.
280
[REDACTED], PHL-OTP-00015357, [REDACTED], rows 234-236.
281
P-1155, PHL-OTP-00016420 at 0011-0015, lines 314-458, at 0024-0026, lines 777-857, at 0030, lines 951-
971, at 0048-0052, lines 1580-1702; P-1156, PHL-OTP-00017506 at 0009-0011, line 264-327, at 0018-0031,
lines 565-613, 695-753, 768-989, at 0042-0043, lines 1395-1407; P-1157, PHL-OTP-00017072 at 0004-0005,
lines 97-153, at 0008-0012, lines 254-340, 376-398, at 0018, lines 576-583.
282
P-1155, PHL-OTP-00016420 at 0015-0017, lines 460-539, at 0027, lines 862-882, at 0052-0053, lines 1703-
1733; P-1156, PHL-OTP-00017506 at 0011-0014, lines 330-422, at 0031, lines 990-1020; P-1157, PHL-OTP-
00017072 at 0006, lines 159-168, at 0012-0016, lines 399-517.
283
P-1155, PHL-OTP-00016420 at 0018-0023, lines 541-652, 691-721, at 0028-0035, lines 883-950, 972-1147,
at 0053, lines 1734-1750; P-1156, PHL-OTP-00017506 at 0014-0015, lines 425-478, at 0017-0018, lines 541-
561, at 0024, lines 760-767, at 0031-0038, lines 1021-1162, 1188-1242; P-1157, PHL-OTP-00017072 at 0006-
0007, lines 164-197, at 0016-0017, lines 518-568; GoPHL, PHL-OTP-00014890 at 0017-0021; [REDACTED],
PHL-OTP-00014890 at 0025-0027.
284
P-1155, PHL-OTP-00016420 at 0021-0022, lines 665-691, at 0035-0042, lines 1149-1395; P-1156, PHL-OTP-
00017506 at 0016, lines 501-529, at 0043-0046, lines 1411-1503.
285
[REDACTED], PHL-OTP-00015357, [REDACTED].
286
[REDACTED].
287
Annex C, Victim numbers 26-28.
288
P-1077, PHL-OTP-00015487 at 0024-0026, lines 825-871, at 0028 lines 942-948, at 0030-0031, lines 1043-
1077, PHL-OTP-00015488 at 0002-0004, lines 30-100.
289
P-1077, PHL-OTP-00015487 at 0027-0028, lines 905-938, at 0033, lines 1117-1132, PHL-OTP-00015488 at
0004-0006, lines 101-178.
290
P-1077, PHL-OTP-00015487 at 0031, lines 1074-1106, PHL-OTP-00015488 at 0006-0026, lines 180-852,
PHL-OTP-00015489 at 0002-0004, lines 22-99; PHL-OTP-0003-2523 at 0009.
291
P-1077, PHL-OTP-00015487 at 0032, lines 1108-1115, PHL-OTP-00015488 at 0026-0027, lines 853-928;
PhilStar, PHL-OTP-00015173; PNP, PHL-OTP-00015317 at 0001.
292
PNP, PHL-OTP-00015317 at 0001.
293
Annex C, Victim number 30.
294
See above para. 45.
295
[REDACTED].
296
PNP, PHL-OTP-00017606 at 0001-0003, PHL-OTP-00017607 at 0001, PHL-OTP-00003426 at 0001-0002;
P-1122, PHL-OTP-00014895 at 0006, paras. 25-27.
297
P-1168, PHL-OTP-00017700 at 0004, paras. 49-50. See also P-0025, PHL-OTP-00002236 at 0053-0054,
paras. 150-151, PHL-OTP-00003422 at 0001-0006; [REDACTED].
298
P-1122, PHL-OTP-00014895 at 0005-0006, paras. 19-28.

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c. Count 5: Murders in barangay clearance operations during the Presidential

period

72. The murders in Incidents 11, 13, 15-16 and 18-31 were perpetrated by members of
Philippine law enforcement during DUTERTE’s presidency. The victims were all alleged by
State actors to be ‘low-level’ criminals (although some were not criminals at all).
(i) Incident 11 - Murder of alleged drug pusher [REDACTED]299 near [REDACTED]
Manila on [REDACTED] 2016:300 [REDACTED] was listed as a drug pusher on
[REDACTED].301 Police from [REDACTED]302 [REDACTED]303 [REDACTED].304
The police claim [REDACTED] was killed in self-defence during a buy-bust
operation.305 However, this account is contradicted by [REDACTED] who saw
[REDACTED].306
(ii) Incident 13 - Murder of alleged drug user [REDACTED]307 in [REDACTED] Manila
on [REDACTED] 2016:308 [REDACTED] was listed as a drug user [REDACTED].309
[REDACTED].310 [REDACTED] police shot and killed [REDACTED]. The police
claimed that [REDACTED] shot and killed by police in self-defence.311 However, this
is contradicted by the fact that [REDACTED].312
(iii) Incident 15 - Murder of alleged drug user FNU LNU313 [REDACTED] Bulacan
between [REDACTED] 2017:314 Police [REDACTED] identified the target for a
OTBT operation.315 Police officers and non-police assets [REDACTED] approached

299
Alias: [REDACTED].
300
Annex C, Victim number 21.
301
PNP, PHL-OTP-00016180 at 0001, para. 1; Manila City Government, PHL-OTP-00016191 at 0001-0002. See
also PNP, PHL-OTP-00016192 at 0001-0002; PNP, PHL-OTP-00016188 at 0001, para. 2; Inquirer, PHL-OTP-
00017510 at 0001.
302
Manila City Government, PHL-OTP-00016191 at 0001-0002; P-1160, PHL-OTP-00015602 (Translation PHL-
OTP-00016418 at 0001.
303
[REDACTED]: P-1160, PHL-OTP-00015602 (Translation PHL-OTP-00016418 at 0001).
304
P-1160, PHL-OTP-00015602 (Translation PHL-OTP-00016418 at 0001-0002); PNP, PHL-OTP-00016191 at
0001-0002, PHL-OTP-00016192 at 0001-0002, PHL-OTP-00016188 at 0001, PHL-OTP-00016180 at 0001;
Inquirer, PHL-OTP-00017510 at 0001.
305
Manila City Government, PHL-OTP-00016191 at 0001-0002, paras. 3-6; PNP, PHL-OTP-00016192 at 0001-
0002, PHL-OTP-00016188 at 0001, para. 3, PHL-OTP-00016180 at 0001.
306
P-1160, PHL-OTP-00015602 (Translation PHL-OTP-00016418 at 0001-0002).
307
[REDACTED].
308
Annex C, Victim number 25.
309
PNP, PHL-OTP-00016789 at 0001, para. 2.
310
[REDACTED], PHL-OTP-0002-0621.
311
Police Spot Report, PHL-OTP-0016-5326 at 5326.
312
P-0009, PHL-OTP-0002-0626 at 0661-0663, paras. 182-190, PHL-OTP-0010-8822, PHL-OTP-0010-8823;
PHL-OTP-00016781.
313
Alias: [REDACTED].
314
Annex C, Victim number 28.
315
P-0008, PHL-OTP-00000593 at 0010-0014, lines 311-457; P-0003, PHL-OTP-00000541 at 0004, lines 76-84.

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the victim, and [REDACTED] shot and killed [REDACTED].316 [REDACTED]317

[REDACTED].318
(iv) Incident 16 - Murder of alleged drug pusher FNU LNU319 in [REDACTED] Bulacan
on [REDACTED] 2017:320 The victim was listed as a drug pusher [REDACTED].321
An asset reported [REDACTED] to the police [REDACTED].322 During a OTBT
operation, [REDACTED].323 At around 01:00hrs, the group [REDACTED] shot and
killed [REDACTED].324 [REDACTED].325 The police report falsely claimed that the
killing resulted from the victim violently resisting arrest.326
(v) Incident 18 - Murder of alleged drug user FNU LNU327 in [REDACTED] Bulacan on
[REDACTED] 2017:328 A group of police and non-police assets abducted the target,
alleged to be a former drug user,329 in [REDACTED].330 They held [REDACTED]
until night-time, when a OTBT operation was scheduled.331 At 01:00hrs
[REDACTED] shot and killed him.332 [REDACTED].333 The police report falsely
claimed that the killing resulted from the victim violently resisting arrest during a buy-
bust operation.334
(vi) Incident 19 - Murder of alleged drug user [REDACTED]335 and FNU LNU in
[REDACTED] Bulacan on [REDACTED] 2017:336 The police obtained a search

316
P-0003, PHL-OTP-00000541 at 0004, lines 76-84, at 0013-0015, lines 386-482, PHL-OTP-00000537 at 0016,
lines 516-521, PHL-OTP-00000552 at 0003-0004, lines 48-91; P-0008, PHL-OTP-00000593 at 0010-0014, lines
311-457.
317
[REDACTED]: GoPHL, PHL-OTP-0004-3480 at 3480-3481.
318
P-0003, PHL-OTP-00000541 at 0012, lines 365-380, at 0015, lines 463-482.
319
Alias: [REDACTED].
320
Annex C, Victim number 29.
321
PNP, PHL-OTP-0006-8760 at 8773, para. 5.
322
P-0003, PHL-OTP-00000556 at 0008-0009, lines 219-248.
323
P-0003, PHL-OTP-00000556 at 0008-0009, lines 250-274, 304. [REDACTED]: see PHL-OTP-00000541 at
0004-0005, lines 97-106, PHL-OTP-00000542 at 0002-0003, lines 14-58, PHL-OTP-00000594 at 0002, lines 31-
36.
324
P-0003, PHL-OTP-00000556 at 0010-0012, lines 276-372.
325
P-0003, PHL-OTP-00000556 at 0010-0012, lines 276-372.
326
PNP, PHL-OTP-0006-8760 at 8773, para. 3. See also PhilStar, PHL-OTP-00015255 at 0001-0002.
327
Alias: [REDACTED].
328
Annex C, Victim number 31.
329
P-0003, PHL-OTP-00000547 at 0005, lines 112-115; P-1164, PHL-OTP-0001-0511 (PHL-OTP-0001-0520 at
0524).
330
P-0003, PHL-OTP-00000547 at 0005-0008, lines 118-143, 172-231.
331
P-0003, PHL-OTP-00000547 at 0005-0008, lines 118-143, 172-231; P-0008, PHL-OTP-00000597 at 0004-
0006, lines 73-159.
332
P-0003, PHL-OTP-00000547 at 0004-0006, lines 86-110, 143-157, at 0008-0009, lines 232-250; P-0008, PHL-
OTP-00000597 at 0005, lines 112-117, PHL-OTP-00000605 at 0008-0012, lines 219-345, PHL-OTP-00000612
at 0007-0008, lines 207-217.
333
P-0003, PHL-OTP-00000547 at 0006, lines 157-160, at 0009-0010, lines 251-291.
334
PNP, PHL-OTP-0006-8760 at 8775, para. 3.
335
[REDACTED].
336
Annex C, Victim numbers 32-33.

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warrant on suspicion that [REDACTED] had committed drug-related offences.337 As

part of a OTBT operation, a group of police officers [REDACTED].338
[REDACTED].339 [REDACTED].340 The police report falsely claimed that FNU LNU
fired towards police and [REDACTED].341
(vii) Incident 20 - Murder of alleged drug user [REDACTED] Caloocan City on
[REDACTED] 2017:342 Police from [REDACTED] shot and killed [REDACTED]
during a OTBT operation.343 While police claimed that [REDACTED],344 this is
contradicted by [REDACTED],345 [REDACTED]346 and [REDACTED]347 showing
that prior to being shot, [REDACTED].348 [REDACTED].349 [REDACTED].350
(viii) Incident 21 - Murder of alleged drug user [REDACTED]351 in [REDACTED]
Bulacan on [REDACTED] 2017:352 [REDACTED] an alleged drug pusher,353 to the
police.354 [REDACTED] in preparation for a OTBT operation.355 The victim was
loaded into [REDACTED].356 [REDACTED].357 [REDACTED] shot and killed

337
PNP, PHL-OTP-0006-8760 at 8776, para. 2; P-0003, PHL-OTP-00000552 at 0006-0007, lines 172-180.
338
P-0003, PHL-OTP-00000552 at 0006-0014, lines 163-413; P-0008, PHL-OTP-00000598 at 0010-0012, lines
282-362.
339
P-0003, PHL-OTP-00000552 at 0006-0014, lines 163-413; P-0008, PHL-OTP-00000598 at 0010-0012, lines
282-362.
340
P-0003, PHL-OTP-00000552 at 0012-0014, lines 351-378, 396-413. See also PNP, PHL-OTP-0006-8760 at
8776, para. 3.
341
PNP, PHL-OTP-0006-8760 at 8776, para. 3.
342
Annex C, Victim number 34.
343
PNP, PHL-OTP-00017594, paras. 1, 4.
344
PNP, PHL-OTP-00017594, para. 4.
345
[REDACTED], PHL-OTP-00017642.
346
[REDACTED], PHL-OTP-0003-3109 at 3113-3122; P-0009, PHL-OTP-0002-0626 at 0720, paras. 488-489,
PHL-OTP-0014-1201, PHL-OTP-0014-1202, PHL-OTP-0014-1203.
347
P-0025, PHL-OTP-00002236 at 0051-0053, paras. 143-146; [REDACTED], PHL-OTP-0003-3109 at 3121-
3122.
348
[REDACTED], PHL-OTP-0003-3109 at 3122, 3136.
349
[REDACTED], PHL-OTP-0003-3109 at 3121.
350
[REDACTED], PHL-OTP-0003-3109 at 3133.
351
[REDACTED].
352
Annex C, Victim number 35.
353
PNP, PHL-OTP-0006-8760 at 8777; P-0008, PHL-OTP-00017740 at 0007-0009, lines 203-211, 256-259,
PHL-OTP-00000603 at 0013, lines 386-394; P-0003, PHL-OTP-00000549 at 0003, lines 48-52, at 0005-0006,
lines 133-137, 164-166; GMA News, PHL-OTP-0001-4422 (Transcript PHL-OTP-0001-4533, Translation PHL-
OTP-0007-0928 at 0930, lines 2-8); ABN-CBN, PHL-OTP-00000234 (Transcript PHL-OTP-00015609,
Translation PHL-OTP-00015576 at 0002, lines 9-10).
354
P-0003, PHL-OTP-00000549 at 0006, lines 164-176.
355
P-0003, PHL-OTP-00000549 at 0003-0004, lines 38-72, at 0007, lines 178-186; P-0008, PHL-OTP-00000603
at 0013, lines 328-397.
356
P-0003, PHL-OTP-00000549 at 0004, lines 71-88, at 0007, 183-200; P-0008, PHL-OTP-00000603 at 0013,
lines 400-402.
357
P-0003, PHL-OTP-00000549 at 0004-0009, lines 87-159, 201-218, 269-302; P-0008, PHL-OTP-00017740 at
0007-0009, lines 256-259, PHL-OTP-00000603 at 0013, lines 400-406, PHL-OTP-00000611 at 0010-0012,
lines 274-333, 352.

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[REDACTED].358 The police report reflects the nanlaban scene [REDACTED] and
falsely claims that the killing resulted from the victim violently resisting arrest during
a buy-bust operation.359
(ix) Incident 22 - Murder of alleged drug user [REDACTED]360 in [REDACTED]
Bulacan on or around [REDACTED] 2018:361 A neighbour reported [REDACTED],
an alleged drug pusher,362 to the police.363 During a OTBT operation, [REDACTED]
shot and killed [REDACTED].364 [REDACTED]365 [REDACTED].366
[REDACTED].367
(x) Incident 23 - Murder of alleged drug user FNU LNU at [REDACTED] Bulacan on
or around [REDACTED] 2018:368 [REDACTED].369 A group of police officers
[REDACTED].370 [REDACTED].371 [REDACTED].372 Then they [REDACTED]
shot and killed [REDACTED].373 [REDACTED].374
(xi) Incident 24 - Murder of [REDACTED] in [REDACTED] Bulacan on [REDACTED]
2018:375 [REDACTED].376 During a OTBT operation, a group of police brought

358
P-0003, PHL-OTP-00000549 at 0005, line 130, at 0008-0009, lines 219-260, PHL-OTP-00000553 at 0012-
0013, lines 368-379, PHL-OTP-00000533 at 0019, lines 591-609; P-0008, PHL-OTP-00017740 at 0007-0009,
lines 203-211, 256-259, PHL-OTP-00000603 at 0014-0017, lines 418-573; ABN-CBN, PHL-OTP-00000234
(Transcript PHL-OTP-00015609, Translation PHL-OTP-00015576).
359
PNP, PHL-OTP-0006-8760 at 8777, paras. 5-6. See also GMA News, PHL-OTP-0001-4422 (Transcript PHL-
OTP-0001-4533, Translation PHL-OTP-0007-0928 at 0930, lines 19-20); ABN-CBN, PHL-OTP-00000234
(Transcript PHL-OTP-00015609, Translation PHL-OTP-00015576 at 0002, lines 2-5).
360
Alias: [REDACTED].
361
Annex C, Victim number 36.
362
Aykson News, PHL-OTP-0001-4420 (Transcript PHL-OTP-0001-4531, Translation PHL-OTP-0007-0925 at
0927, lines 2-13); PhilStar, PHL-OTP-00015260 at 0001.
363
P-0003, PHL-OTP-00000541 at 0008, lines 240-241, PHL-OTP-00000544 at 0006, line 150.
364
P-0003, PHL-OTP-00000541 at 0007-0008, lines 199-211, PHL-OTP-00000544 at 0005-0010, lines 115-189,
196-218, 260-283, PHL-OTP-00000545 at 0004, lines 78-88; P-0008, PHL-OTP-00017740 at 0007-0009, lines
203-209, 248-254, PHL-OTP-00000603 at 0006-0009, lines 138-220, 246-290; Aykson News, PHL-OTP-0001-
4420 (Transcript PHL-OTP-0001-4531, Translation PHL-OTP-0007-0925).
365
[REDACTED]: P-0003, PHL-OTP-00000541 at 0008, lines 213-235.
366
P-0003, PHL-OTP-00000541 at 0008, lines 213-235. See also Aykson News, PHL-OTP-0001-4420
(Translation PHL-OTP-0007-0925 at 0927, lines 2-13).
367
P-0003, PHL-OTP-00000544 at 0005, lines 104-118, at 0007-0009, lines 190-195, 219-259.
368
Annex C, Victim number 37.
369
P-0003, PHL-OTP-00000554 at 0008-0009, lines 235-260.
370
P-0003, PHL-OTP-00000554 at 0009, lines 259-273.
371
P-0003, PHL-OTP-00000554 at 0009-0010, lines 275-299, at 0012-0014, lines 378-401, 429-432.
372
P-0003, PHL-OTP-00000554 at 0009-0010, lines 275-312, at 0014, lines 416-439.
373
P-0003, PHL-OTP-00000554 at 0010-0012, lines 298-367; P-0008, PHL-OTP-00000599 at 0007-0009, lines
208-247.
374
P-0003, PHL-OTP-00000554 at 0011-00013, lines 315-321, 401-415. See also PhilStar, PHL-OTP-00015262
(Translation PHL-OTP-00015361 at 0001).
375
Annex C, Victim number 38.
376
P-0003, PHL-OTP-00000541 at 0009, lines 246-250, PHL-OTP-00000545 at 0010-0011, lines 299-328, PHL-
OTP-00000550 at 0010, lines 290-291; P-0008, PHL-OTP-00000598 at 0002-0004, lines 36-96.

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[REDACTED].377 [REDACTED].378 [REDACTED] shot and killed

[REDACTED].379 [REDACTED] planted [REDACTED] to frame the victim
[REDACTED].380 The police falsely reported to the media that the victim had fought
back, requiring police to shoot.381
(xii) Incident 25 - Murder of alleged drug user [REDACTED]382 [REDACTED] Bulacan
on or around [REDACTED] 2018:383 The police [REDACTED] smoke shabu.384 A
group of officers arrived to the location where [REDACTED].385 At 01:00hrs, they
[REDACTED].386 [REDACTED].387 [REDACTED]388 [REDACTED].389
(xiii) Incident 26 - Murder of alleged drug user FNU LNU [REDACTED] Bulacan on or
shortly after [REDACTED] 2018:390 [REDACTED].391 [REDACTED].392 There, a
group of police officers [REDACTED].393 [REDACTED].394 [REDACTED].395
[REDACTED] shot and killed [REDACTED].396 [REDACTED].397

377
P-0003, PHL-OTP-00000545 at 0011-0012, lines 329-370, at 0014, line 427; P-0008, PHL-OTP-00000598 at
0002, lines 17-33, at 0004-0009, lines 83-86, 97-225, 265-268, PHL-OTP-00000606 at 0003, lines 54-59; GMA
News, PHL-OTP-00000228.
378
P-0003, PHL-OTP-00000545 at 0012-0013, lines 368-389, 400-403, PHL-OTP-00000552 at 0017, lines 526-
533; P-0008, PHL-OTP-00000598 at 0006-0007, lines 172-189, 209-215.
379
P-0003, PHL-OTP-00000541 at 0009, lines 252-257, PHL-OTP-00000545 at 0013-0014, lines 390-409, 418-
441.
380
P-0003, PHL-OTP-00000545 at 0013-0016, lines 411-414, 444-517; P-0008, PHL-OTP-00000606 at 0006-
0011, lines 143-320; GMA News, PHL-OTP-00000228.
381
PhilStar, PHL-OTP-00015268 (Translation PHL-OTP-00015362 at 0001-0002).
382
Alias: [REDACTED].
383
Annex C, Victim number 39.
384
P-0003, PHL-OTP-00000548 at 0003, lines 42-71, at 0005, lines 127-130, PHL-OTP-00000549 at 0002, lines
13-22; P-0008, PHL-OTP-00000591 at 0004-0005, lines 98-124.
385
P-0003, PHL-OTP-00000548 at 0004, lines 75-76, at 0006-0008, lines 140-213; P-0008, PHL-OTP-00000591
at 0005, line 126.
386
P-0003, PHL-OTP-00000548 at 0004, lines 81-86, at 0008-0009, lines 235-240.
387
P-0003, PHL-OTP-00000548 at 0002-0010, lines 28-270, PHL-OTP-00000549 at 0002, lines 10-29, PHL-
OTP-0001-0489 (Translation PHL-OTP-0001-0461 at 0470-0471); P-0008, PHL-OTP-00000591 at 0003-0005,
lines 51-133; P-1164, PHL-OTP-0001-0511 (Translation PHL-OTP-0001-0520 at 0521-0522); P-0009, PHL-
OTP-0002-0626 at 0741-0742.
388
[REDACTED]: P-0003, PHL-OTP-00000543 at 0005-0006, lines 128-151.
389
P-0003, PHL-OTP-00000548 at 0004-0005, lines 98-121, at 0009-0010, lines 249-270, PHL-OTP-0001-0489
(Translation PHL-OTP-0001-0461 at 0471).
390
Annex C, Victim number 40.
391
P-0003, PHL-OTP-00000554 at 0002, lines 26-41, at 0005, lines 114-116; P-0008, PHL-OTP-00000590 at
0006, lines 164-165.
392
P-0003, PHL-OTP-00000554 at 0002, lines 31-50; P-0008, PHL-OTP-00000590 at 0006, lines 159-165.
393
P-0003, PHL-OTP-00000554 at 0003, lines 49-64, at 0008, lines 212-217; P-0008, PHL-OTP-00000590 at
0006-0007, lines 167-187, PHL-OTP-00000595 at 0002-0005, lines 40-143.
394
P-0003, PHL-OTP-00000554 at 0003-0004, line 66-82; P-0008, PHL-OTP-00000590 at 0007, lines 189-192,
PHL-OTP-00000595 at 0006, lines 144-155.
395
P-0003, PHL-OTP-00000554 at 0004, lines 81-95, at 0007-0008, lines 206-208, 219-222.
396
P-0003, PHL-OTP-00000554 at 0004, lines 92-95, at 0006-0007, lines 164-174, 196-205.
397
P-0003, PHL-OTP-00000554 at 0004, lines 101-103, at 0007, lines 175-184.

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(xiv) Incident 27 - Murder of [REDACTED] alleged thief [REDACTED]398 Bulacan in

[REDACTED] 2018:399 [REDACTED] ordered [REDACTED] to be killed because
[REDACTED] was an alleged thief.400 [REDACTED].401 Acting on orders from
officer [REDACTED] picked up the victim [REDACTED].402 Just before 01:00hrs, a
group of police officers [REDACTED].403 [REDACTED].404 [REDACTED].405
(xv) Incident 28 - Murder of alleged [REDACTED] Bulacan on or about [REDACTED]
2018:406 The police allege that [REDACTED].407 [REDACTED].408 A group of police
officers and non-police assets staged the killing to look as though [REDACTED].409
[REDACTED].410 [REDACTED] police officers shot and killed [REDACTED].411
[REDACTED] money, shabu and a gun on his body, which [REDACTED].412
(xvi) Incident 29 - Murder of two alleged drug users, both FNU LNU, in [REDACTED]
Bulacan on [REDACTED] 2018:413 After the two [REDACTED] had been implicated
in drug use,414 a group of police officers and assets kidnapped them [REDACTED].415
[REDACTED].416 [REDACTED] shot and killed one [REDACTED].417

398
[REDACTED].
399
Annex C, Victim number 41.
400
P-0003, PHL-OTP-00000546 at 0011-0012, lines 304-322, 334-359; P-0008, PHL-OTP-00000590 at 0009-
0010, lines 275-300, PHL-OTP-00000591 at 0002-0003, lines 29-48, PHL-OTP-00000596 at 0011, lines 322-
324.
401
P-0003, PHL-OTP-00000527 at 0018, 557-561, PHL-OTP-00000546 at 0018, lines 541-544; P-0008, PHL-
OTP-00000590 at 0009-0010, lines 275-300.
402
P-0003, PHL-OTP-00000546 at 0012-0013, lines 356-379; P-0008, PHL-OTP-00000591 at 0002-0003, lines
33-45.
403
P-0003, PHL-OTP-00000546 at 0013-0014, lines 378-434, at 0016-0017, lines 504-510.
404
P-0003, PHL-OTP-00000541 at 0006, lines 146-170, PHL-OTP-00000546 at 0011-0019, lines 318-337, 353-
577.
405
P-0003, PHL-OTP-00000541 at 0006, lines 152-168, PHL-OTP-0001-0489 (Translation PHL-OTP-0001-0461
at 0470-0471); P-0008, PHL-OTP-00000591 at 0003, lines 47-48.
406
Annex C, Victim number 42.
407
GMA News, PHL-OTP-0001-4426 (Transcript PHL-OTP-0001-4537, Translation PHL-OTP-0007-0934 at
0936, lines 2-6).
408
P-0008, PHL-OTP-00000590 at 0005, lines 116-130, PHL-OTP-00017740 at 0009-0010, lines 272-283, PHL-
OTP-00000604 at 0007, 183-194.
409
P-0003, PHL-OTP-00000544 at 0011-0013, lines 336-385, at 0016-0017, lines 502-516, 528-536; P-0008,
PHL-OTP-00000590 at 0005-0006, lines 136-151, PHL-OTP-00000604 at 0008, lines 239-246, PHL-OTP-
00000604 at 0009, lines 253-263. See also GMA News, PHL-OTP-0001-4426 (Transcript PHL-OTP-0001-4537,
Translation PHL-OTP-0007-0934).
410
P-0003, PHL-OTP-00000544 at 0014, lines 445-446.
411
P-0003, PHL-OTP-00000544 at 0012-0014, lines 372-377, 386-446.
412
P-0003, PHL-OTP-00000544 at 0015, lines 459-470.
413
Annex C, Victim numbers 43-44.
414
P-0003, PHL-OTP-00000551 at 0010, lines 283-289.
415
P-0003, PHL-OTP-00000551 at 0010-0014, lines 283-421, at 0017-0018, lines 526-539, 562-581, PHL-OTP-
00000552 at 0019-0021, lines 586-666; P-0008, PHL-OTP-00000590 at 0005-0006, lines 105-146; P-0009, PHL-
OTP-0002-0626 at 0648-0649, paras. 118-119.
416
P-0003, PHL-OTP-00000551 at 0014, lines 429-431, at 0018-0019, lines 583-607.
417
P-0003, PHL-OTP-00000551 at 0014-0015, lines 434-447, at 0019-0020, lines 608-621

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[REDACTED].418 [REDACTED] planted drugs, money, a gun on the body of one

victim, [REDACTED] on the body of the second victim [REDACTED].419
(xvii) Incident 30 - Murder of alleged drug pusher [REDACTED]420 at [REDACTED]
Bulacan on or around [REDACTED] 2018:421 [REDACTED] to the police for selling
shabu.422 [REDACTED],423 [REDACTED] shot and killed [REDACTED].424
[REDACTED].425
(xviii) Incident 31 - Murder of alleged thief FNU LNU426 [REDACTED] Bulacan in 2018:427
[REDACTED].428 [REDACTED].429 A group of police officers arrived at 00.30hrs.430
[REDACTED].431 [REDACTED].432 They drove to [REDACTED].433
73. That the perpetrators of Incidents 1-5, 7-10 and 11-31 (Counts 1, 4 and 5) meant to cause
the victims’ deaths or were aware their deaths would occur in the ordinary course of events is
evidenced by: the planning, instructions and decisions expressly to kill; efforts to cover up the
killings; the manner in which the incidents were perpetrated (with many victims shot in the
head at close range or stabbed while in the control of the perpetrators); [REDACTED]; P-
0003’s statements for Incidents 15-16, 18-19 and 21-31 [REDACTED]; and the statements of
perpetrators P-1155 and P-1077 for Incidents 12 and 14 that [REDACTED].434

2. The crimes against humanity of torture and rape under articles 7(1)(f) and 7(1)(g)

a. Count 2: Torture in Davao City during the Mayoral period by the DDS

74. The victims of Incident 1 ([REDACTED] each FNU, LNU) and Incident 6

418
P-0003, PHL-OTP-00000551 at 0015, lines 449-460, at 0020-0021, lines 622-668; P-0008, PHL-OTP-
00000599 at 0010, lines 289-311; P-0009, PHL-OTP-0002-0626 at 0648-0649, paras. 118-120.
419
P-0003, PHL-OTP-00000551 at 0013, lines 440-442, at 0017-0018, lines 541-561, at 0021-0022, lines 669-
703.
420
Alias: [REDACTED].
421
Annex C, Victim number 45.
422
P-0003, PHL-OTP-00000553 at 0009, lines 241-265. See also PhilStar, PHL-OTP-00017643 at 0001;
Philippine News Agency, PHL-OTP-00017645 at 0001.
423
P-0003, PHL-OTP-00000553 at 0009-0013, lines 265-302, 339-343, 393-397.
424
P-0003, PHL-OTP-00000553 at 0010-0012, lines 304-320, 345-352.
425
P-0003, PHL-OTP-00000553 at 0011-0013, lines 322-323, 355-382.
426
Alias: [REDACTED].
427
Annex C, Victim number 46.
428
P-0003, PHL-OTP-00000547 at 0013, lines 385-396, at 0016-0017, lines 489-506, PHL-OTP-0001-0489
(Translation PHL-OTP-0001-0461 at 0470-0471, 0477); P-0008, PHL-OTP-00000590 at 0008, lines 234-254.
429
P-0003, PHL-OTP-00000547 at 0013-0014, lines 400-428, at 0017-0018, lines 507-547,
430
P-0003, PHL-OTP-00000547 at 0014, lines 427-438, at 0018, lines 549-569.
431
P-0003, PHL-OTP-00000547 at 0015, lines 440-457, at 0018, lines 572-575, 593-601.
432
P-0003, PHL-OTP-00000547 at 0015, lines 460-468, at 0019, lines 577-591.
433
P-0003, PHL-OTP-00000547 at 0015-0016, lines 468-479, at 0019-0020, lines 602-640, PHL-OTP-0001-0489
(Translation PHL-OTP-0001-0461 at 0470-0471, 477); P-0008, PHL-OTP-00000590 at 0009, lines 263-268.
434
ICC Elements of Crimes, article 7(1)(a)(1).

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([REDACTED]) were subjected to severe physical and mental suffering amounting to torture435
[REDACTED].436 [REDACTED].437 [REDACTED].438
(i) Incident 6 - Torture [REDACTED] 2014 [REDACTED]:439 [REDACTED].440
[REDACTED].441 [REDACTED].442 [REDACTED].443 [REDACTED].444
[REDACTED].445 [REDACTED].446 [REDACTED].447 [REDACTED].448
75. As regards Incident 1, the severe suffering which the [REDACTED] victims is evidenced
by the very nature of these acts, as well the victims’ [REDACTED].449 For Incident 6, the
beatings and [REDACTED].450 Incidents 1 and 6 were part of the attack because: they were
perpetrated using DDS personnel; the victims were targeted on the basis that they were alleged
criminals; and they were perpetrated pursuant to DUTERTE’s instructions via the DDS
hierarchy.451 The perpetrators of Incidents 1 and 6 intended and knew the conduct would cause
severe pain and suffering given: the nature of the conduct; [REDACTED]. They also knew and
intended their conduct to be part of the attack because: it occurred in the context of
[REDACTED]; and they knew that they would receive reward money once the victims
[REDACTED].452

b. Count 3: Rape in Davao City during the Mayoral period by the DDS

(i) Incident 1 - Rape of [REDACTED] all FNU LNU, in [REDACTED] Davao City in
or around 2013:453 DUTERTE instructed police DDS members that there was a job

435
ICC Elements of Crimes, article 7(1)(f)(1).
436
ICC Elements of Crimes, article 7(1)(f)(2).
437
ICC Elements of Crimes, article 7(1)(f)(3).
438
See below Count 3: Rape in Davao City during the Mayoral period by the DDS.
439
Annex C, Victim number 16.
440
[REDACTED], PHL-OTP-00015459 at 0005, lines 124-134; PHL-OTP-00015461 at 0006-0007, lines 145-
166; [REDACTED], PHL-OTP-00000147 at 0067-0072, in particular 0068.
441
[REDACTED], PHL-OTP-00015461 at 0010, lines 257-298, PHL-OTP-00015462 at 0003, lines 51-53.
442
[REDACTED], PHL-OTP-00015461 at 0010-0011, lines 305, 310-312, PHL-OTP-00015462 at 0007-0008,
lines 197, 212-214.
443
[REDACTED], PHL-OTP-00015494 at 0002-0003.
444
[REDACTED], PHL-OTP-00015461 at 0010, lines 275-300; PHL-OTP-00015462 at 0008, lines 215-217;
PHL-OTP-00015463 at 0002, lines 2-34.
445
[REDACTED] PHL-OTP-00015462 at 0002, line 20, PHL-OTP-00015463 at 0001, lines 33-34, PHL-OTP-
00015465 at 0003, lines 52-55
446
[REDACTED], PHL-OTP-00015462 at 0004-0006, lines 96, 111-150, PHL-OTP-00015464 at 0008-0009,
lines 218-270.
447
[REDACTED], PHL-OTP-00015462 at 0002, lines 22-29, at 0007-0008, lines 199-208.
448
[REDACTED], PHL-OTP-00015459 at 0007-0009, lines 206-259.
449
See below Count 3: Rape in Davao City during the Mayoral period by the DDS.
450
[REDACTED], PHL-OTP-00015463 at 0004-0005 lines 76-134; [REDACTED], PHL-OTP-00015465 at
0002, lines 4-30.
451
ICC Elements of Crimes, article 7(1)(f)(4).
452
ICC Elements of Crimes, article 7(1)(f)(5).
453
Annex C, Victim numbers 1-3.

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to be done against [REDACTED].454 [REDACTED].455 [REDACTED].456

[REDACTED].457 [REDACTED] Davao City [REDACTED].458 [REDACTED].459
[REDACTED].460 [REDACTED].461 [REDACTED].462 [REDACTED].463
76. The conduct in Incident 1 was part of the attack because: it was perpetrated using DDS
personnel; the victims were targeted on the basis that they were alleged criminals; and it was
perpetrated pursuant to DUTERTE’s instructions via the DDS hierarchy.464 The perpetrators
knew and intended their conduct to be part of the attack because: [REDACTED].465 They also
meant to sexually penetrate the victims by force, threat of force or coercion, as evidenced by
[REDACTED].

E. DUTERTE IS CRIMINALLY RESPONSIBLE FOR THE ALLEGED CRIMES

AS AN INDIRECT CO-PERPETRATOR UNDER ARTICLE 25(2)(A)

77. There are reasonable grounds to believe that DUTERTE is responsible for the crimes
alleged in Counts 1-5 as an indirect co-perpetrator (article 25(3)(a)). DUTERTE committed
these crimes jointly with others, including through other persons, pursuant to a common plan.
1. DUTERTE and the co-perpetrators agreed to the Common Plan

78. As detailed above, pursuant to the Common Plan, DUTERTE and law enforcement
officials in Davao City instructed police DDS members that regular law enforcement
procedures were incapable of eliminating crime and so it was necessary to kill the criminals of
Davao City.466 The co-perpetrators467 agreed to use the DDS to commit murder, as well as other
crimes which would facilitate the plan—for example, torture and rape to force targets to
‘confess’ to their alleged criminality. They also agreed to murder non-police assets who they
perceived to be a risk of revealing the scope of the perpetrators’ criminal activities.468

454
[REDACTED], PHL-OTP-00015433 at 0003-0004, lines 64-72.
455
[REDACTED], PHL-OTP-00015433 at 0004, lines 75-88.
456
[REDACTED], PHL-OTP-00015433 at 0004, line 92, at 0007, lines 200-203. See also [REDACTED], PHL-
OTP-00015535 at 0002, lines 20-24.
457
[REDACTED], PHL-OTP-00015433 at 0004-0005, lines 98-104.
458
[REDACTED], PHL-OTP-00015433 at 0005, lines 107-130.
459
[REDACTED], PHL-OTP-00015434 at 0002-0004, lines 3-94, PHL-OTP-00015436 at 0007, lines 178-196.
460
[REDACTED], PHL-OTP-00015433 at 0005-0006, lines 132-134, 145-147.
461
ICC Elements of Crimes, article 7(1)(g)-1(1).
462
[REDACTED], PHL-OTP-00015405 at 0009-0010, lines 238-268, PHL-OTP-00015433 at 0003-0009, lines
64-279, PHL-OTP-00015434 at 0002-0005, lines 3-138, PHL-OTP-00015435 at 0002-0004, lines 2-86, PHL-
OTP-00015436 at 0002-0007, lines 33-196. See also [REDACTED], PHL-OTP-00015535 at 0002, lines 14-25.
463
[REDACTED], PHL-OTP-00015533 at 0007, lines 206-220.
464
ICC Elements of Crimes, article 7(1)(f)(4).
465
ICC Elements of Crimes, article 7(1)(f)(5).
466
See above para. 23.
467
See above para. 24.
468
See below para. 103.

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79. After the May 2016 presidential election, [REDACTED].469 In the lead up to the
inauguration, [REDACTED], met regularly [REDACTED] to prepare the immediate roll-out
the Common Plan at a national level once DUTERTE became President.470 The Plan remained
the same throughout the charged period—to target alleged criminals through the commission
of crimes, principally murder, but also other crimes which would facilitate this plan (such as
the rape and torture of targets to force them to ‘confess’ to their alleged criminality)—now to
be implemented across the Philippines. The existence of the Common Plan is established by
the following factors:
80. First, [REDACTED] the Common Plan originated in Davao City in the late 1980s, where
Mayor DUTERTE and his police co-perpetrators organised Davao City police officers and
non-police hitmen into DDS liquidation squads.471 He personally instructed police and DDS to
‘neutralise’ criminals, including drug dealers, and provided them with the funds, weapons and
other resources to do so.472
81. Second, while Mayor, DUTERTE made public statements outlining the Common Plan.
He gave televised interviews in which he promised to protect and support Davao City police
involved in killings and announced that shoot-to-kill orders were “legitimate tools of the
government” to fight lawlessness.473 During a 2015 television interview, DUTERTE claimed
to have a “list” from PDEA of individuals suspected of involvement in drug activities, which
he described as an “Order of Battle”, and warned that drug dealers had 48 hours to “get out” of
Davao City or “I will tell the police to shoot you”: “if I see you, I will kill you […] I know
where your house is. I had you tagged already”.474 He also repeatedly bragged in public fora
that he maintained law and order in Davao City by killing criminals.475
82. Third, during his presidential campaign, DUTERTE announced his intention to
implement the Common Plan nationwide if elected, promising to eradicate criminality within

469
As demonstrated by the preparations they made to do so: see above VI. B. 4. The co-perpetrators prepare to
extend the Common Plan nationwide.
470
[REDACTED], PHL-OTP-00015389 at 0002, lines 18-31.
471
See above para. 23.
472
See above paras. 23, 26-27, 29.
473
Video of DUTERTE’s interview, uploaded 15 July 2013, PHL-OTP-00000285 (Transcript PHL-OTP-
00000840, Translation PHL-OTP-00000848 at 0002, lines 12-13); Video of DUTERTE’s Speech, uploaded 15
July 2013, PHL-OTP-00000354 (Transcript PHL-OTP-00001679, Translation PHL-OTP-00001682 at 0002, lines
4-5).
474
Video of DUTERTE’s Speech, uploaded 26 October 2015, PHL-OTP-00000306 (Transcript PHL-OTP-
00000847, Translation PHL-OTP-00000855 at 0002, lines 2-13); SunStar, PHL-OTP-00000368 (Translation
PHL-OTP-00000409 at 0001).
475
Video of DUTERTE’s interview, uploaded 15 July 2013, PHL-OTP-00000285 (Transcript PHL-OTP-
00000840, Translation PHL-OTP-00000848 at 0002, lines 12-13); Video of DUTERTE’s Speech, 11 March
2016, PHL-OTP-00000277 (Transcript PHL-OTP-00001121, Translation PHL-OTP-00001123 at 0006-0007,
lines 215-222).

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six months by killing criminal suspects.476 DUTERTE and his co-perpetrators prepared and
coordinated so as to be immediately ready for this eventuality,477 such that on the very same
day DUTERTE appointed co-perpetrator [REDACTED].478 In advance of his inauguration,
[REDACTED] told reporters: [REDACTED].479
83. Fourth, throughout his presidency, DUTERTE and other high-level officials in his
administration repeatedly confirmed the existence and scope of the Common Plan through their
public statements which both expressly outlined the plan, and endorsed or supported the
killings.480 For example, in a speech to self-confessed drug addicts in Bacolod City, DELA
ROSA told them to kill drug lords and burn their houses for having made them addicted to
shabu.481 In reaction to the accusation that killings perpetrated in anti-drug operations may
amount to crimes against humanity, then-Justice Secretary Vitaliano AGUIRRE II told
reporters that, “the criminals […] the drug lords, drug pushers […] they are not humanity”.482
84. Fifth, the co-perpetrators repeatedly and publicly justified violence against suspected
criminals. DUTERTE asserted that drug dealers were “destroying […] our children”, linked
drug personalities to violent crime (often rape), and said that shabu shrinks the brain such that
users cannot be rehabilitated.483 He frequently inflated the number of drug addicts in the
Philippines484 and referred to drug users and dealers as “animals” in apparent attempts to

476
See above para. 33.
477
[REDACTED], PHL-OTP-00015389 at 0002, lines 18-31.
478
See above VI. B. 4. The co-perpetrators prepare to extend the Common Plan nationwide.
479
[REDACTED], PHL-OTP-00015282 (Transcript PHL-OTP-00015610, Translation PHL-OTP-00015577 at
0002).
480
See e.g. The Philippine Star, PHL-OTP-0003-1377 at 1377-1378; Inquirer, PHL-OTP-0003-1320 (Translation
PHL-OTP-00015622 at 0001-0002); Video of AGUIRRE’s Speech, 1 February 2017, PHL-OTP-00001460
(Transcript PHL-OTP-00014861, Translation PHL-OTP-00014867 at 0002); Video of DELA ROSA’s Interview,
3 June 2016, PHL-OTP-00015285 (Transcript PHL-OTP-00016133, Translation PHL-OTP-00016403 at 0006-
0008).
481
Video of DELA ROSA’s Interview, 26 August 2016, PHL-OTP-00000288 (Transcript PHL-OTP-00000841,
Translation PHL-OTP-00000849 at 0002); PhilStar, PHL-OTP-0003-1334 at 1334.
482
Video of AGUIRRE’s Speech, 1 February 2017, PHL-OTP-00001460 (Transcript PHL-OTP-00014861,
Translation PHL-OTP-00014867 at 0002).
483
See e.g. PCOO, DUTERTE’s Speech, 30 June 2016, PHL-OTP-00000339 (Translation PHL-OTP-00000518
at 0003); PCOO, DUTERTE’s Speech, 30 June 2016, PHL-OTP-0003-3291 at 3292; PCOO, DUTERTE’s
Speech, 14 November 2016, PHL-OTP-0003-3283 (Translation PHL-OTP-00001127 at 0004); PCOO,
DUTERTE’s Speech, 16 August 2017, PHL-OTP-0003-3213 (Translation PHL-OTP-00015491 at 0003, 0008);
PCOO, DUTERTE’s Speech, 15 April 2017, PHL-OTP-0003-3199 (Translation PHL-OTP-00015490 at 0008);
PCOO, DUTERTE’s Speech, 20 September 2016, PHL-OTP-00000267 (Translation PHL-OTP-00000336 at
0006); PCOO, DUTERTE’s Speech, 24 July 2017, PHL-OTP-0001-3870 (Translation PHL-OTP-0001-4350 at
4357).
484
For example, the Dangerous Drugs Board’s survey found there were 1.8 million drug users in the Philippines,
while DUTERTE variously asserted that there were 3 or 4 million drug addicts: see PCOO, DUTERTE’s Speech,
14 November 2016, PHL-OTP-0003-3283 (Translation PHL-OTP-00001127 at 0003); PCOO, DUTERTE’s
Speech, 15 April 2017, PHL-OTP-0003-3199 (Translation PHL-OTP-00015490 at 0008); PNP, CMC No. 16 –
2016, 1 July 2016, PHL-OTP-0005-0259 at 0260; PCOO, DUTERTE’s Speech, 25 July 2016, PHL-OTP-
00000264 (Translation PHL-OTP-00000335 at 0018); PCOO, DUTERTE’s Speech, 20 September 2016, PHL-
OTP-00000267 (Translation PHL-OTP-00000336 at 0006).

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dehumanise them.485 The co-perpetrators employed words and imagery encouraging

aggression and violence against alleged criminals, conveying a message to law enforcement
personnel and the public that alleged criminals would be—and deserved to be—killed.486
85. Sixth, some co-perpetrators were personally involved in the physical perpetration or
cover-up of some of the crimes. For example, [REDACTED].
86. Seventh, that the Common Plan encompassed torture and rape is demonstrated by insider
statements that DUTERTE expressly instructed DDS perpetrators in the 1990s to conduct
“rape interrogation” to force confessions,487 as well as the participation of some co-perpetrators
in torturing or authorising the torture of alleged criminals to try to force a confession.488
[REDACTED].489
87. Finally, the existence of the Common Plan is further demonstrated by the fact that the
crimes followed the same patterns and modus operandi,490 showing deliberate, planned and
coordinated action. That this action was criminal is reinforced by the fact that perpetrators
routinely took steps to mask the extra-judicial nature of the killings.491

2. DUTERTE and his co-perpetrators controlled a structure of power and the will of the
individuals who perpetrated the crimes

88. During the Mayoral period, the co-perpetrators controlled a structure of power—the local
police and related DDS hierarchy—that enabled them to control the will of the physical
perpetrators. As Mayor of Davao City,492 DUTERTE had de jure “operational supervision and
control” over the PNP units in his jurisdiction, as well as control of non-police City Hall
workers and barangay officials.493 Insider witnesses confirmed that DUTERTE also had de
facto control over the police in Davao City. Police in Davao City were organised hierarchically
with Mayor DUTERTE at the top of the hierarchy.494

485
PCOO, DUTERTE’s Speech, 24 July 2017, PHL-OTP-0001-3870 (Translation PHL-OTP-0001-4350 at
4352); PCOO, DUTERTE’s Speech, 15 April 2017, PHL-OTP-0003-3199 (Translation PHL-OTP-00015490 at
0012).
486
PCOO, DUTERTE’s Speech, 24 July 2017, PHL-OTP-0001-3870 (Translation PHL-OTP-0001-4350 at
4352); PCOO, DUTERTE’s Speech, 15 April 2017, PHL-OTP-0003-3199 (Translation PHL-OTP-00015490 at
0012).
487
[REDACTED], PHL-OTP-00015508 at 0014, lines 505-515.
488
[REDACTED], PHL-OTP-00015508 at 0003, lines 50-54. In 2014, [REDACTED], PHL-OTP-00015509 at
0004, lines 128-139. See also Incident 6.
489
[REDACTED], PHL-OTP-00015508 at 0014, lines 514-515.
490
See above para. 42.
491
See above para. 42.
492
See above para. 22.
493
Congress of the Philippines, Republic Act No. 7160, 10 October 1991, PHL-OTP-00000259 at 0170, Section
444(b)(2)(i).
494
[REDACTED], PHL-OTP-0001-3619 at 3806.

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89. DUTERTE sat at the apex of the DDS.495 At the bottom were the DDS members who
physically carried out the operations, who were subordinated to police or barangay handlers.496
The handlers reported to a combination of [REDACTED], who in turn reported to
DUTERTE.497 DUTERTE’s authorisation was required for DDS members to conduct killings
in Davao City,498 which was conveyed to DDS handlers via a combination of [REDACTED],
who then relayed these instructions to the members of their group.499
90. The [REDACTED].500 [REDACTED].501 [REDACTED].502
91. DDS physical perpetrators [REDACTED] were fungible within the apparatus. Those
who did not follow orders risked “getting killed ourselves, pursued and killed”503 and were
disposed of when perceived as opposing or posing a threat to the Common Plan, however
insignificant. [REDACTED].504 [REDACTED].505 [REDACTED].506 [REDACTED].507
[REDACTED]508 [REDACTED].509
92. During the Presidential period, the co-perpetrators exercised a similar degree of control
over the National Network that enabled them to control the will of the physical perpetrators.
DUTERTE had de jure and de facto control over the PNP, PDEA and all other agencies
implementing the Common Plan nationwide.510 Immediately after his inauguration,
DUTERTE appointed [REDACTED],511 [REDACTED].512 DUTERTE appointed

495
See above paras. 22, 25, 27, 29.
496
[REDACTED], PHL-OTP-0001-3619 at 3806. See also [REDACTED], PHL-OTP-0001-2605 at 2614, lines
291-294, at 2622, lines 545-560, PHL-OTP-0001-2639 at 2660-2661, lines 709-750; [REDACTED], PHL-OTP-
00015507 at 0006, lines 161-163; [REDACTED], PHL-OTP-0006-9247 at 9249, 9260.
497
[REDACTED], PHL-OTP-0001-2691 at 2712-2713, lines 687-738; [REDACTED], PHL-OTP-00015507 at
0008, lines 265-267, PHL-OTP-00015508 at 0008, lines 255-271, PHL-OTP-00015515 at 0017-0018, lines 581-
606, PHL-OTP-0002-0039 at 0045-0046, PHL-OTP-0002-0192 at 0232, PHL-OTP-0001-3619 at 3637.
498
[REDACTED], PHL-OTP-0001-2605 at 2630-2632, lines 822-902; [REDACTED], PHL-OTP-00015507 at
0007, lines 217-220; [REDACTED], PHL-OTP-0006-9247 at 9252, PHL-OTP-00000147 at 0033-0035.
499
[REDACTED], PHL-OTP-0001-2691 at 2711-2713, lines 656-738, PHL-OTP-00001714 at 0002, lines 2-
20, PHL-OTP-00001716 at 0011-0013, lines 328-382, PHL-OTP-00001724 at 0003-0004, lines 48-96;
[REDACTED], PHL-OTP-00015507 at 0008, lines 265-267, PHL-OTP-00015508 at 0008, lines 257-271.
500
[REDACTED], PHL-OTP-00015401 at 0002-0003, lines 25-55.
501
[REDACTED], PHL-OTP-0001-2549 at 2558-2560, lines 291-374, PHL-OTP-0001-2576 at 2590, lines 449-
459.
502
[REDACTED], PHL-OTP-00015506 at 0015-0018, lines 506-615.
503
[REDACTED], PHL-OTP-0001-2605 at 2630-2631, lines 847-863.
504
[REDACTED], PHL-OTP-00015445 at 0004, lines 86-88.
505
[REDACTED], PHL-OTP-00015461 at 0004-0011, lines 90-318, PHL-OTP-00015462 at 0002-0011, lines 2-
323, PHL-OTP-00015463 at 0002-0008, lines 2-230, PHL-OTP-00015464 at 0006-0007, lines 161-190.
506
[REDACTED], PHL-OTP-00015509 at 0012, lines 437-440.
507
[REDACTED], PHL-OTP-00015403 at 0008-0009, lines 240-245.
508
[REDACTED], PHL-OTP-00015510 at 0002, lines 24-27.
509
[REDACTED], PHL-OTP-00015392 at 0021, lines 701-707.
510
See above para. 92.
511
Rappler, PHL-OTP-0003-1438 at 1442.
512
See above para. 38.

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[REDACTED]513 [REDACTED].514 [REDACTED].515 [REDACTED].516 Such

appointments517 allowed DUTERTE to ensure that the Common Plan could be implemented
at the national level.
93. In their new geographically expanded roles, the co-perpetrators ensured their power and
control over the physical perpetrators via a range of mechanisms, in addition to their formal
powers. First, they appointed subordinates who were already notorious for their involvement
in killings in the Davao region to other parts of the country.518 Second, as in the Mayoral period,
the co-perpetrators made use of circumstances in which they could hold something over their
subordinates to control their will and ensure compliance. For example, [REDACTED]
described how police officers who were placed on drug lists would become “very aggressive”
in operations because they wanted “to prove themselves that they are not involved in drugs”
(sic).519 [REDACTED].520 [REDACTED].521
94. The fungibility of low-level perpetrators in the National Network is demonstrated by the
fact that some such individuals were expended. For example, [REDACTED] was killed when
“police didn’t have any more confidence in him”.522 The handful of prosecutions for high-
profile, publicly criticised killings were all directed at low-level perpetrators, further reflecting
their fungibility, while higher level members of the Network were protected from
accountability.523

3. DUTERTE made essential contributions to the crimes within the framework of the
Common Plan

95. DUTERTE made a range of essential contributions to the crimes within the framework
of the Common Plan, both as Mayor and President, including:
(i) Designing and disseminating the policy to attack alleged criminals, as well as acting

513
[REDACTED], PHL-OTP-00015529 at 0005, lines 143-149.
514
PCOO, DUTERTE’s Speech, 14 November 2016, PHL-OTP-0003-3283 (Translation PHL-OTP-00001127 at
0002).
515
[REDACTED], PHL-OTP-00015515 at 0011-0012, lines 359-386, PHL-OTP-00015529 at 0004-0006, lines
95-175; [REDACTED], PHL-OTP-00015427 at 0010-0012, lines 263-354.
516
[REDACTED], PHL-OTP-00017580. See also AI, PHL-OTP-0003-0582 at 0631.
517
See above para. 38.
518
See e.g. [REDACTED], PHL-OTP-00015514 at 0009, lines 315-320.
519
[REDACTED], PHL-OTP-00015392 at 0018-0019, lines 590-599.
520
[REDACTED], PHL-OTP-00015391 at 0005-0006.
521
[REDACTED], PHL-OTP-00000552 at 0022-0024, lines 697-782, PHL-OTP-00000540 at 0008-0011, lines
204-323.
522
P-0003, PHL-OTP-00000541 at 0009, lines 246-250, PHL-OTP-00000545 at 0010-0017, lines 299-328, PHL-
OTP-00000550 at 0010, lines 290-291. See Incident 24.
523
Article 18 Decision, para. 68 (finding that “the domestic proceedings in the Philippines […] only address the
physical, low-ranking perpetrators and at present do not extend to any high-ranking officials”).

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as its public face;524

(ii) Establishing and overseeing the DDS;
(iii) Supporting the launch of CMC No. 16-2016 and reinforcing the underlying message
that its implementation entailed the commission of crimes, which were sanctioned by
the State;
(iv) Facilitating the crimes through the provision of personnel and other necessary
logistical resources such as weapons;525
(v) Appointing key personnel (including his co-perpetrators) to positions which were
crucial to the execution of the Common Plan;526
(vi) Creating a system in which perpetrators knew they would be protected;527
(vii) Making public statements authorising, condoning and promoting killings;528
(viii) Publicly offering financial and other rewards for the killings, which were in fact paid
to certain police and non-police perpetrators;529 and
(ix) Authorising State actors in and out of the anti-drugs campaign.530
96. Without these contributions, the crimes would not have been committed, or would have
been committed in a significantly different way.531 This is reflected, for example, in
[REDACTED] statement that, “without the instruction [of DUTERTE] there would be no

524
Mayoral period, see e.g. [REDACTED], PHL-OTP-00015501 at 0002, lines 3-38; [REDACTED], PHL-OTP-
00015401 at 0003, lines 47-55; Video of DUTERTE’s Speech, uploaded 15 July 2013, PHL-OTP-00000354
(Transcript PHL-OTP-00001679, Translation PHL-OTP-00001682 at 0002, lines 7-8); Video of DUTERTE’s
interview, uploaded 15 July 2013, PHL-OTP-00000285 (Transcript PHL-OTP-00000840, Translation PHL-OTP-
00000848 at 0002, lines 12-13). Presidential period, see e.g. PNP, CMC No. 16 – 2016, 1 July 2016, PHL-OTP-
0005-0259 at 0259; PCOO, DUTERTE’s Speech, 25 July 2016, PHL-OTP-00000264 (Translation PHL-OTP-
00000335 at 0002, 0008); AI, PHL-OTP-0003-0823.
525
Mayoral period, see e.g. [REDACTED], PHL-OTP-0001-2605 at 2620, lines 477-495; [REDACTED], PHL-
OTP-00015501 at 0002, lines 14-21, PHL-OTP-00015502 at 0007-0008, lines 183-258, PHL-OTP-00015520 at
0012, lines 398-408; [REDACTED], PHL-OTP-00015400 at 0003, line 86; PHL-OTP-0006-9247 at 9248, 9250;
PHL-OTP-00001197. In relation to the Presidential period: the DILG is responsible for organising, training and
equipping the PNP for the performance of their functions: DILG Website, PHL-OTP-0003-3829.
526
See above VI. B. 5. DUTERTE used his Presidential powers to empower the co-perpetrators and to establish
an expanded network of direct perpetrators.
527
See above paras. 40, 94 (fn 523).
528
Mayoral period, see e.g. Video of DUTERTE’s interview, uploaded 15 July 2013, PHL-OTP-00000285
(Transcript PHL-OTP-00000840, Translation PHL-OTP-00000848 at 0002); Politiko Politics, PHL-OTP-0003-
1287 (Translation PHL-OTP-00015621 at 0001). Presidential period, see above paras. 36, 40-45, 48-49, 57.
529
Mayoral period, see e.g. [REDACTED], PHL-OTP-0001-2605 at 2620-2621, lines 490-516; [REDACTED],
PHL-OTP-00015502 at 0002-0003, lines 24-69, PHL-OTP-00015507 at 0006, lines 170-190, PHL-OTP-
00015520 at 0013, lines 423-433, PHL-OTP-00015525 at 0007-0008, lines 239-253, PHL-OTP-00015532 at
0006, lines 161-171. Presidential period, see e.g. [REDACTED], PHL-OTP-00015394 at 0022-0023, lines 758-
782; P-0177, PHL-OTP-00015487 at 0018-0019, lines 584-641; Office of the President, Dangerous Drugs Board,
Board Regulation No. 1 Series of 2016, 3 August 2016, PHL-OTP-0003-3529; GMA, PHL-OTP-0003-1847.
530
See e.g. President of the Philippines, Memorandum from the President: Implementation of Republic Act 9165
Otherwise Known as the “Comprehensive Dangerous Drugs Act of 2002”, 10 October 2017, PHL-OTP-0005-
0439; PCOO, PHL-OTP-0003-3720; PDEA, PHL-OTP-0003-2556; Guardian, PHL-OTP-0003-0269; PhilStar,
PHL-OTP-0003-1853; Rappler, PHL-OTP-0003-1860.
531
Ntaganda AJ, para. 1041; Bemba et al. AJ, paras. 820, 825; Ongwen TJ, para. 2787.

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killing”.532 As such, his contributions were essential to the crimes within the framework of the
Common Plan.533
4. DUTERTE had the intent and knowledge as an indirect co-perpetrator under article
25(3)(a) for all the crimes

97. DUTERTE acted intentionally and meant to engage in the conduct which constituted his
essential contributions. Moreover, he meant for the crimes in Counts 1-5 to be committed, or
was aware that implementing the Common Plan would, in the ordinary course of events, result
in the commission of those crimes. This is particularly evident from DUTERTE’s countless
statements throughout his Mayoral and Presidential periods promising to reduce crime by
killing alleged criminals, promoting the Common Plan and urging police and members of the
public to kill alleged criminals.534 Although on some occasions DUTERTE or those in his
administration purported to clarify his remarks to suggest that he did not support extra-judicial
killing, these clarifications were not genuine and did not reflect DUTERTE’s true intent. First,
they were inconsistent with the manner in which the Common Plan continued to be
implemented on the ground, and the resulting killings. Second, DUTERTE did not condemn
the killings of suspected criminals, or urge police or the public to refrain from killing. Third,
he did not take any concrete action to minimise the crimes. While DUTERTE twice suspended
police anti-illegal drug operations following public outcry, he soon thereafter reinstated the
police to lead anti-drug operations, following which the killings increased again.535
98. DUTERTE’s intent to commit the crimes in Counts 1-5 can also be inferred from various
factors described above, including that: (i) he espoused and implemented the Common Plan in
Davao City, including by organising police and non-police members into the DDS, instructing
them on their mission to kill criminals, and giving his approval to the DDS to carry out killings
in Davao City;536 (ii) he provided funding and resources to the DDS to carry out its work;
(iii) he publicised his intention to implement the Common Plan nationally if elected President,
making it clear that this would entail killing suspected criminals;537 (iv) he appointed to key
national positions persons who had contributed to the Common Plan and the commission of

532
[REDACTED], PHL-OTP-00015394 at 0071, lines 2450-2453.
533
Ntaganda AJ, para. 1041 (noting in relation to the “essential contribution” requirement that, “the contribution
of a co-perpetrator which, on its face, is not directly to a specific crime, but to the implementation of the common
plan more generally may still suffice.”).
534
See above para. 95 (fns. 524, 528).
535
See above para. 47.
536
See above VI. B. 1. DUTERTE became Mayor and established the Davao Death Squads to kill suspected
criminals.
537
See above para. 82.

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crimes in Davao City, [REDACTED];538 (v) following the launch of CMC No. 16-2016, he
reinforced the underlying message that the implementation of the nationwide anti-drugs
campaign would encompass the commission of crimes;539 and (vi) he vowed to protect police
who faced prosecution for killings.540 [REDACTED]541 [REDACTED].
99. DUTERTE was aware that the Common Plan involved an element of criminality and
that implementing it would, in the ordinary course of events, result in the commission of the
crimes set out in Counts 1-5. DUTERTE’s awareness of the criminal nature of his actions is
established from the facts showing his intent described above, in addition to the following:
DUTERTE made a range of public statements in which he acknowledged general and specific
allegations of extrajudicial killings by his subordinates;542 DUTERTE issued written orders
showing he knew about crimes committed by his subordinates, as well as which of his
subordinates were alleged to be most involved in such crimes;543 DUTERTE was put on notice
of allegations of crimes committed by PNP personnel and others in the context of the Common
Plan in Davao and nationwide through the documentation and reporting by government actors
themselves,544 as well as by NGOs, international organisations and media outlets.545
100. DUTERTE was also aware of the fundamental features of the DDS and National
Network that enabled the co-perpetrators to control the will of the physical perpetrators. This
can be inferred from: DUTERTE’s de jure and de facto authority and control; his role in the
DDS and National Network; his reliance on trusted subordinates to implement the Common
Plan; his role in equipping the physical perpetrators with adequate resources to carry out the
killings and in ensuring that perpetrators were paid, rewarded and shielded from prosecution.546
101. DUTERTE was aware of the factual circumstances that enabled him, together with the
other co-perpetrators, to exercise functional control over the crimes. He was aware of the role
assigned to him and to other co-perpetrators to implement the Common Plan and commit the
agreed crimes. He was also aware of their official positions and de facto authority that enabled

538
See above para. 38.
539
See above para. 40.
540
See above para. 40.
541
[REDACTED].
542
See e.g. PCOO, DUTERTE’s Speech, 25 July 2016, PHL-OTP-00000264 (Translation PHL-OTP-00000335
at 0008) (referring to the photograph of an extrajudicial killing victim published in the “broadsheet” Inquirer);
PCOO, DUTERTE’s Speech, 16 August 2017, PHL-OTP-0003-3213 (Translation PHL-OTP-00015491 at 0001).
543
See e.g. President of the Philippines, Memorandum Order No. 17, 5 December 2017, PHL-OTP-0003-3319 at
3319 (referencing the “allegations” that “summary killings of illegal drug suspects had been perpetrated by law
enforcement agencies, particularly the PNP”).
544
See e.g. PDEA, PHL-OTP-0003-2538; PCOO, PHL-OTP-0003-3355 at 0025.
545
See e.g. HRW, PHL-OTP-0003-0886; AI, PHL-OTP-0003-0823; Inquirer, PHL-OTP-0003-1550; Rappler,
PHL-OTP-0003-2254.
546
See above VI. E. DUTERTE is Criminally Responsible for the Crimes Alleged in this Application.

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them to utilise members of the DDS and the National Network to commit crimes. This
awareness can be inferred from the manner in which the co-perpetrators used existing
hierarchies within law enforcement agencies in Davao City and nationwide to organise the
DDS and National Network, how they instructed the physical perpetrators to commit the crimes
and how the crimes were actually carried out.

VII. JURISDICTION AND ADMISSIBILITY

A. JURISDICTION

1. The Court has jurisdiction in the Philippines situation

102. The Court has jurisdiction over the crimes alleged in this Application. The crimes were
committed when the Philippines was a State Party to the Statute: from 1 November 2011 to
16 March 2019.547 During this period, all the necessary pre-conditions to the Court’s exercise
of jurisdiction—set out in articles 11 and 12—were satisfied,548 namely subject matter (ratione
materiae),549 territorial (ratione loci), personal (ratione personae),550 and temporal (ratione
temporis) jurisdiction.551 The Philippines’ withdrawal from the Statute, effective from
17 March 2019, does not restrict the Court’s ability to exercise jurisdiction in this situation, as
Pre-Trial Chamber I found in its Article 15(3) Decision, and affirmed in its Article 18(2)
Decision.552 The Statute and, in particular, the withdrawal provisions in article 127, do not
impose any time limit on the Court’s ability to exercise jurisdiction over crimes committed
during the period when the State was a party to the Statute.553 The Prosecution notes that in
2021 the Supreme Court of the Philippines found that “the International Criminal Court retains
jurisdiction over any and all acts committed by government actors until March 17, 2019. Hence,

547
The Philippines became a State Party on its ratification of the Statute on 1 November 2011. It ceased to be a
State Party from 17 March 2019, one year after giving notice of its withdrawal on 17 March 2018, in accordance
with article 127(1) of the Statute: UN, Notification of Philippines Withdrawal from the Rome Statute, 17 March
2018, PHL-OTP-0003-2950.
548
Article 15 Decision, para. 111; see also paras. 109-110.
549
Statute, article 12(1), referring to the crimes in article 5. The crimes alleged in this Application are crimes
against humanity, under article 5(b).
550
Statute, article 12(2). The crimes alleged in this Application were committed in the territory of the Philippines,
and by DUTERTE, who is a national of the Philippines. The Philippines was a State Party at the time of the
alleged crimes.
551
Statute, articles 11, 127(1). The crimes alleged in this Application were committed between 1 November 2011,
when the Statute entered into force for the Philippines, up to and including 16 March 2019, when the Philippines’
withdrawal took effect.
552
Article 15 Decision, para. 111; see also paras. 109-110; Article 18 Decision, para. 26.
553
Article 15 Decision, para. 111, citing Burundi Article 15 Decision, para. 24; Abd-Al-Rahman Jurisdiction
Decision, para. 33. But see Article 18 Dissenting Opinion, paras. 23-35.

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withdrawal from the Rome Statute does not affect the liabilities of individuals charged before
[the ICC] for acts committed up to this date”.554 The ICC therefore retains jurisdiction.

2. The crimes fall within the factual parameters of the investigation

103. The crimes alleged in this Application fall within the parameters of the investigation as
authorised by the Pre-Trial Chamber, namely: “crimes within the jurisdiction of the Court
allegedly committed on the territory of the Philippines between 1 November 2011 and
16 March 2019 in the context of the so-called ‘war on drugs’ campaign”.555 As set out above,
DUTERTE and those in his administration espoused the campaign in Davao City and
nationally to eliminate “drugs and crime”.556 From the outset, the campaign targeted not just
suspected drug users, dealers and producers, but also other alleged criminals. The crimes
committed as part of this campaign thus fall within the authorised factual parameters of the
situation, which, as defined in the Prosecution’s Article 15(3) Request, concerned crimes
committed in the context of the campaign “as well as any other crimes which are sufficiently
linked to these events”.557
104. DUTERTE does not benefit from any ‘head of state’ immunity before the Court under
national or international law for the period he served as the President and head of state of the
Philippines.558 As such, the Court is not barred from exercising jurisdiction over him, pursuant
to article 27(2) of the Statute. No such immunity attaches in any event to the period in which
DUTERTE was the Mayor and Vice Mayor of Davao City.

B. ADMISSIBILITY

105. The Chamber is not required to determine the admissibility of the case in order to issue
arrest warrants under article 58(1) of the Statute, but may nonetheless exercise discretion to do
so “when it is appropriate in the circumstances of the case, bearing in mind the interests of the
suspect”, such as when there are any “uncontested facts that render a case clearly inadmissible
or an ostensible cause impelling the exercise of proprio motu review.”559

554
Supreme Court of the Philippines, Pangilinan & Ors v. Cayetano & ors, G.R. No. 238875, 16 March 2021,
PHL-OTP-00015478 at 0044. See also at 0028 (stating in relation to the one-year notice period for withdrawal
under article 127(1) that “this one-year period does not undermine or diminish [the Court’s] jurisdiction and power
to continue a probe that it has commenced while a state was a party to the Rome Statute”).
555
Article 15 Decision, paras. 113-118, p. 41.
556
See above paras. 23, 33, 36, 40-41, 43-45, 49, 60.
557
Article 15 Request, para. 131.
558
Al-Bashir Immunity AD, paras. 102-103.
559
DRC AWA AD, para. 52. See also e.g. Al-Werfalli First AW, para. 24.

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1. There are no known relevant proceedings against DUTERTE

106. In the course of its investigation into this Situation, the Prosecution has encountered no
information indicating that effective investigations or prosecutions of DUTERTE are being
conducted by the Philippines or by any other State which may have jurisdiction.560

2. The case against DUTERTE is sufficiently grave

107. This case amply meets the threshold of article 17(1)(d), which excludes only those
“unusual cases” which are “of marginal gravity only”.561 Quantitative criteria alone (including
the number of victims) may not be dispositive of the gravity of a case, and consideration must
be given to factors including the factual nature of the crimes, their manner of commission, and
the impact on victims, as well as DUTERTE’s degree of responsibility.562
108. In this case, the nature, manner of commission of the crimes, their impact on victims, and
their scale demonstrate a high level of gravity.563 DUTERTE and his co-perpetrators were
State officials who abused their power and used State resources to murder, torture and rape.
They dehumanised the targeted population and treated the lives of their victims, including
children, as disposable. [REDACTED] raped by DDS police begged for help. The torture
perpetrated against [REDACTED] long-term physical injuries which persist and require
medical treatment to this day, more than a decade after the incident.
109. DUTERTE is the person most responsible for the crimes referenced in this Application.
He was the mastermind of the formulation and dissemination of the Common Plan to target
alleged criminals. He first conceived of the plan and oversaw its implementation in Davao City,
and then nationwide. As Mayor, and later as head of state, head of government and “leader of
the country’s police forces”, DUTERTE had authority over the perpetrators of relevant crimes.
Indeed, as President, he was the only individual in the Philippines with ultimate authority over
all State actors involved in implementing the Common Plan. He alone could approve or prevent
the implementation of the Common Plan in its entirety.

560
See also Article 18 Decision, para. 68 (finding that “the domestic proceedings in the Philippines […] only
address the physical, low-ranking perpetrators and at present do not extend to any high-ranking officials”).
561
Al Hassan Gravity AD, para. 53. See also paras. 55-56, 59.
562
Al Hassan Gravity AD, paras. 92, 94.
563
Al Hassan Gravity AD, para. 92.

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VIII. NECESSITY OF ARREST

110. Consistent with article 58(b)(i) of the Statute, the arrest of DUTERTE is necessary to
ensure his appearance before the Court. Under DUTERTE’s rule, the Republic of the
Philippines withdrew from the Rome Statute in an apparent attempt to evade responsibility for
crimes before the Court for crimes he committed.564 The plethora of public statements which
DUTERTE has made attacking both the Court and its legitimacy in this Situation suggest that
there is no reasonable expectation that he would cooperate with a summons to appear issued
by the Court.565 Indeed, DUTERTE has expressly stated that, if the ICC should “come for me,
if they arrest me here, there will be a shootout, I will finish all those sons of bitches”.566
111. DUTERTE’s arrest may also be necessary to prevent further killings. He plans to run for
Mayor of Davao City again in 2025 and has pledged to “double” the killings the “moment I
return”.567

IX. REQUEST FOR URGENT CONSIDERATION OF THE APPLICATION

112. The Prosecution understands that there is a realistic but time-limited possibility of
securing DUTERTE’s arrest. In late 2024, the Government of the Philippines publicly
announced—for the first time—that it may execute an ICC arrest warrant.568 In late January
2025, the Government publicly stated that it would execute an ICC arrest warrant if a request
to do so is made through INTERPOL.569 [REDACTED].570 Should this eventuate, the prospects
of arresting DUTERTE will likely disappear.

113. Given the time-limited nature of the arrest opportunity, the Prosecution respectfully
requests the Chamber to consider this Application on an expedited basis, including by issuing
an arrest warrant with reasons to follow, to maximise the chances of arresting DUTERTE,
should the Chamber decide to grant the Application.

564
UN, Notification of Philippines’ Withdrawal from the Rome Statute, 17 March 2018, PHL-OTP-0003-2950;
GMA, PHL-OTP-0003-1425.
565
See e.g. GMA, PHL-OTP-0003-1425; Guardian, PHL-OTP-0003-0277.
566
Rappler, PHL-OTP-00000273.
567
PhilStar, PHL-OTP-00015374.
568
GoPHL, PHL-OTP-00015335.
569
PhilStar, PHL-OTP-00017726.
570
[REDACTED], PHL-OTP-00015372; Reuters, PHL-OTP-00015380; Associated Press, PHL-OTP-00015376;
Manila Times, PHL-OTP-00015378.

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X. CONCLUSION

114. For all the preceding reasons, the Prosecution respectfully requests the Chamber to, on
an expedited basis:
(i) find that there are reasonable grounds to believe that DUTERTE committed crimes
within the jurisdiction of the Court as outlined in this Application;
(ii) separately issue an arrest warrant under seal (ex parte, available to the Prosecution
only) for DUTERTE, in accordance with the parameters requested above;
(iii) authorise the Prosecution to communicate—in consultation with Registry—the
existence of the warrant of arrest, as well as the information contained in the
“Conclusion” section of the warrant of arrest, containing the name of the suspect as
well as the alleged crimes for which the arrest is sought, to any State or international
organisation for the purposes of the execution of the warrant of arrest, including to
obtain relevant intelligence; and
(iv) authorise the Registry to transmit, in prior consultation and coordination with the
Prosecution, a request for the arrest and surrender of DUTERTE to the competent
authorities of the Republic of the Philippines (via INTERPOL if necessary) and any
other relevant State identified in consultation with the Prosecution.

Mame Mandiaye Niang, Deputy Prosecutor

Dated this 13th day of March 2025

At The Hague, the Netherlands

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