Position Paper:

Is former President Rodrigo R.Duterte be held liable for the judicial killings in his

administration's war on drugs ?

Holding Former President Duterte Accountable: A Position Paper on Extrajudicial Killings in the

Philippines The Philippines, a nation known for its vibrant democracy and resilient spirit, has

been grappling with a dark chapter in its recent history: the extrajudicial killings that occurred

during the administration of former President Rodrigo Duterte under the banner of his "war on

drugs." This period witnessed a surge in violence, leaving thousands dead and casting a long

shadow over the country's human rights record. This position paper argues that former President

Duterte should be held accountable for his role in these killings, which constitute serious human

rights violations, and that justice for the victims and their families demands a thorough

investigation and prosecution of those responsible. The Dark Reality of Duterte's War on Drugs:

Duterte's "war on drugs" campaign, launched in 2016, was characterized by an unprecedented

level of violence, targeting individuals suspected of drug involvement. The official narrative,

emphasizing a "shoot-to-kill" policy and a "war against criminality," painted a picture of a

necessary crackdown on drug trafficking and its associated ills. However, the reality on the

ground painted a far more sinister picture. The scale and nature of the killings during Duterte's

term cannot be ignored. Human rights organizations, independent investigations, and even the

Philippine National Police (PNP) itself have documented thousands of extrajudicial killings,

often involving summary executions, torture, and disappearances. These killings were not

isolated incidents but part of a systematic pattern of violence targeting individuals suspected of

drug involvement, often based on flimsy evidence or mere suspicion. The Evidence of
State-Sponsored Violence: The evidence of state-sponsored violence is overwhelming. Reports

from credible organizations like Human Rights Watch, Amnesty International, and the United

Nations Office on Drugs and Crime (UNODC) paint a consistent picture of widespread human

rights violations. These reports detail numerous cases of individuals being killed without due

process, often in staged scenarios that resemble extrajudicial executions. The PNP's own data,

while often disputed, reveals a staggering number of killings during anti-drug operations. The

official figures, which are likely underreported, show a significant increase in deaths during

Duterte's presidency, with the majority of these victims being poor and marginalized individuals.

Duterte's Direct Involvement and the Creation of a Climate of Impunity: While Duterte has

repeatedly denied responsibility for the killings, his rhetoric and actions paint a different picture.

He openly encouraged the police and vigilantes to kill suspected drug users and pushers, offering

rewards and even praising those involved in the killings. His public statements, often laced with

violent language, created a climate of impunity and emboldened those carrying out the

extrajudicial killings. Duterte's pronouncements, such as his infamous "shoot them dead"

directive and his repeated calls for the police to "kill all drug addicts," created a culture of fear

and violence, where the rule of law was effectively suspended. This climate of impunity allowed

police and vigilantes to operate with a sense of immunity, knowing that they were unlikely to

face consequences for their actions. The International Condemnation and the Role of the ICC:

The international community has condemned the killings in the Philippines, with numerous

human rights organizations and governments expressing concern over the escalation of violence

and the lack of accountability. The International Criminal Court (ICC), which the Philippines had

withdrawn from in 2019, initiated a preliminary examination into the situation in the country,

finding reasonable grounds to believe that crimes against humanity had been committed. The
ICC's involvement highlights the gravity of the situation and the need for an independent

investigation. While the Philippines has withdrawn from the ICC, the court retains jurisdiction

over crimes committed during the period when the country was a member state. This means that

the ICC could potentially investigate and prosecute individuals responsible for the killings,

including Duterte himself. The Need for Accountability and the Path to Justice: Holding Duterte

accountable is essential for several reasons. First, it is a matter of justice for the victims and their

families. The families of those killed have suffered immense loss and trauma, and they deserve to

see those responsible held accountable for their actions. Second, holding Duterte accountable

sends a strong message that human rights violations will not be tolerated. It reinforces the

principle that all individuals, regardless of their position or power, are subject to the rule of law.

Third, it helps to deter future abuses and promotes a culture of respect for the rule of law. By

holding Duterte accountable, the Philippines can demonstrate its commitment to human rights

and send a clear message that such violence will not be accepted. The path to accountability is

complex and multifaceted. It requires a concerted effort from the Philippine government, the

international community, and civil society. The Role of the Philippine Government: The

Philippine government has a primary responsibility to investigate and prosecute those

responsible for the killings. This includes establishing an independent and impartial body to

investigate the killings, ensuring that the investigations are conducted thoroughly and

transparently, and bringing those responsible to justice. The government must also take steps to

address the systemic issues that contributed to the killings, such as police corruption, impunity,

and the lack of due process. This includes reforming the police force, strengthening the justice

system, and providing adequate support to victims and their families. The Role of the

International Community: The international community can play a crucial role in holding Duterte
accountable. This includes: - Supporting independent investigations: International organizations

and governments can provide financial and technical support to independent investigations into

the killings. - Imposing sanctions: The international community can consider imposing targeted

sanctions on individuals responsible for the killings. - Exercising diplomatic pressure:

Governments can exert diplomatic pressure on the Philippine government to ensure

accountability and justice for the victims. - Supporting human rights defenders: The international

community can provide support to human rights defenders in the Philippines who are working to

document and expose the killings. The Role of Civil Society: Civil society organizations in the

Philippines have played a vital role in documenting the killings, advocating for justice, and

providing support to victims and their families. They must continue to play an active role in

holding the government accountable and ensuring that the victims' voices are heard. Conclusion:

The extrajudicial killings during Duterte's administration constitute a grave violation of human

rights and a stain on the Philippines' reputation. Holding Duterte accountable is not only a matter

of justice but also a necessary step towards ensuring that such atrocities are never repeated. This

requires a concerted effort from the Philippine government, the international community, and

civil society to ensure that the perpetrators of these crimes face justice. The pursuit of justice for

the victims of extrajudicial killings is a long and arduous journey. However, it is a journey that

must be undertaken, not only for the sake of those who have lost their lives but also for the future

of the Philippines. By holding Duterte accountable, the Philippines can begin to heal the wounds

of the past and build a future where human rights are respected and protected

Submitted by:

JohnKayl Tribunalo
Submitted to:

Sir Ryan F.Rivera