If you are a police officer who personally knows how President Rodrigo Duterte’s drug war was carried out by your local station, the International Criminal Court (ICC) wants to hear from you. 

The ICC has issued a public appeal for “direct witnesses” to come forward and provide information on the killings under Duterte’s violent anti-illegal drug campaign. 

“We are appealing for direct witnesses to these incidents, including members of the Philippine National Police (PNP) and other law enforcement who were involved in these incidents, to come forward and speak with us,” the ICC’s Office of the Prosecutor (OTP) wrote in an announcement sent to Rappler and other media on Thursday, November 29. 

Significant in the public appeal is the emphasis on “members of the PNP and other law enforcement who were involved in these incidents” to come forward with information. Police who have direct knowledge of incidents are ideal insider witnesses who can give vital details about how systematic crimes were. 

Law enforcers as insider witnesses

Human rights lawyer Ross Tugade, who teaches Public International Law at the University of the Philippines, explained that finding insider witnesses who can give “testimony on patterns of crimes/criminal policy” and “chain of command” is part of the investigation and prosecutorial strategy during case-building for international crimes, especially for crimes against humanity. 

“Remember, one of the contextual elements of crimes against humanity is its widespread or systematic character,” she told Rappler on Sunday, December 1. “Insider witnesses are useful to prove this element.” 

The appeal also marks a pivotal development in Prosecutor Karim Khan’s ongoing investigation into the alleged crimes against humanity committed during the Duterte administration. Khan’s team is looking into killings that happened between June 2016 and March 2019. Its latest step also comes at a time when heightened tension between President Ferdinand Marcos Jr. and Duterte’s family — specifically Vice President Sara Duterte — has led to an intensified scrutiny of the previous administration’s violent campaign. 

Public information as well as rumors over the years point to the possibility that there are high-ranking police officials who have already cooperated with the ICC. 

These include retired police officer Arturo Lascañas who claimed to be a member of the Davao Death Squad (DDS) for more than two decades. In October 2020, he submitted an affidavit to the court detailing killings he and others committed upon orders of Duterte during his time as Davao City mayor.

“In principle, ICC prosecutions are reserved for the top or at most mid-level commanders,” Tugade explained. “Small time officers are not likely to be prosecuted, and their value lies more on their being insider witnesses.” 

Perfect timing

While witness appeals are considered standard procedure in building cases for prosecuting international crimes, the ICC’s decision comes at a particularly opportune moment.

“In the Philippine situation, it comes at that sweet, right moment after domestic legislative investigations,” human rights lawyer Kristina Conti told Rappler on Saturday, November 30. 

“[The witness appeal] will capitalize on the momentum for truth-telling created in recent months,” she added. 

Conti, an ICC-accredited assistant to counsel, is referring to the series of hearings at the House of Representatives that delved into the violence of the drug war, where several former allies of Duterte divulged information. These include retired police colonel Royina Garma who accused the former president of implementing a reward system for drug war deaths.

The former president himself attended one hearing and was subjected to a previously unimaginable level of scrutiny, including from families of his victims, many of whom Conti had assisted as NCR secretary-general of the National Union of Peoples’ Lawyers. 

There has been no shortage of families submitting information to the ICC. But this specific appeal not only allows individuals to “formally and directly” submit evidence in a secure channel, but also serves perhaps as a final call for police officers directly involved in killing operations to do the right thing without fear of repercussions. The NUPL  issued a similar call in January 2023, urging cops, agents, or assets who know the drug war system and directives to testify against those most responsible.

“We see this as part of the [ICC OTP]’s final push towards trial,” Conti said. “This call hopes to make a thorough sweep and appeal to those who are not yet in contact with the court, who because of conscientization, outgrown fears, or changed circumstances can come forward now.”  

Individuals who want to “confidentially provide” initial information to the ICC have been requested to go to a website and answer a public form. They are asked to provide contact details, their current or former affiliation, geographical areas they’ve worked in, and the specific department they are a part of. 

The possible direct witnesses included in the list are current or former members of the PNP, the Philippine Drug Enforcement Agency, the National Bureau of Investigation, local government units, legislation, and the judiciary. Victims or eyewitnesses to crimes related to the drug war are also encouraged to submit information. 

The online form also asks potential witnesses if they have “access to any documentary or audio-visual evidence” pertaining to incidents committed under the drug war, which killed at least 6,252 people in police anti-drug operations alone until May 2022. Human rights groups estimate the death toll to reach 30,000 to include victims of vigilante-style killings. 

“We will review every submission, but cannot respond to everyone,” the ICC OTP said on the website. 

How can possible witnesses prepare? 

Human rights lawyer Joel Butuyan, an ICC-accredited counsel who also represents drug war victims’ families, tagged the move by the ICC as a “very significant development,” given the court’s firm request for police to come forward and serve as witnesses.

“For the first time, the ICC has publicly come out saying that they are actively soliciting witnesses to approach them and that they are directly appealing to security officers to come out,” he told Rappler. 

“It’s actually a good development because it enables witnesses to communicate to the ICC even without going to the Hague and even without the ICC coming to the Philippines,” Butuyan added.

But the ICC not being able to go to the country and having limited resources also means that the court is unable to offer protection to all those who will come forward. A guaranteed protection at this stage is that all information gathered will be kept confidential. 

According to Butuyan, potential witnesses should also “maintain confidentiality because for sure, the ICC is not going to divulge their identities.”

If possible, it is ideal that they also reach out and consult trusted lawyers from groups with a track record of helping drug war victims, such as those from Butuyan’s Center for International Law, the Free Legal Assistance Group, and the NUPL, among others. Lawyer’s advice would be helpful in case they also want to provide documents or other tangible evidence to the ICC. 

If they become formal witnesses should a trial commence, the ICC can appoint a duty counsel for them who can provide legal advice and other important information throughout the proceedings.

But as it stands, the trial remains uncertain due to the inherently unpredictable nature of ICC proceedings and their timelines. The next potential development could see ICC Prosecutor Karim Khan formally requesting an arrest warrant or a summons to appear. Alternatively, an ICC chamber may also already issue warrants since the requests may be made in confidence, too.

The uncertainty surrounding the ICC has left key stakeholders — victims’ families, human rights advocates, and lawyers, among others — on edge and nervous as they await developments. Butuyan said that the growing political divide between the Marcos and Duterte factions has created a rare moment where the current government is at its “most cooperative” with the ICC.

The momentum now lies with the ICC at this critical juncture. Human rights groups believe that Prosecutor Karim Khan’s team must act fast and leverage on the unfolding opportunities. Delays can risk losing the advantages presented by the current political climate, according to Butuyan. 

“In less than six months, we’re going to have an election and things might change depending on the results so there’s just this window and it might become limited in the near future,” he said. “We actually don’t know how long this openness and willingness and cooperation would last.” – Rappler.com