Joel Butuyan, an International Criminal Court–accredited lawyer and president of the Center for International Law, indicated on Monday that prosecutors may consider filing further charges against former President Rodrigo Duterte ahead of the Sept. 23 confirmation of charges. Currently, Duterte faces a charge of crimes against humanity related to his drug war, which spanned from November 1, 2011, to March 16, 2019, during his tenure as Davao City mayor and as president.
Butuyan noted that the single charge on record does not include other offenses such as illegal imprisonment, torture, and illegal detention, among other inhumane acts. He explained that prosecutors have the option to apply for additional charges—including murder—if the evidence supports it.
According to Butuyan, the forthcoming ICC trial is not about accounting for every death in the drug war but rather determining who orchestrated a policy that led to these killings. Under ICC rules, even one death can warrant a charge if it is shown to be part of a deliberate policy to address the drug problem. He pointed out that the 43 cases cited by the ICC more than suffice for such a purpose.
Butuyan also mentioned that, with the completion of Duterte’s legal defense team, any incidental issues raised by the defense could be addressed sooner by the ICC pre-trial chamber. One key issue raised is the question of jurisdiction, considering the Philippines’ withdrawal from the ICC during Duterte’s term.
In previous discussions, Butuyan suggested that the case against Duterte might be resolved within a year, given the substantial evidence—including numerous videos of Duterte’s public statements encouraging police to kill drug suspects, promising rewards and promotions, and urging the public to target these individuals.