(Opening Statement of Deputy Prosecutor Mame Manidaye Niang of the International Criminal Court, during the Confirmation of Charges hearing on Monday, 23 February 2026 at The Hague in the Netherlands)

Madame President, Honorable Members of the Bench, all those following these proceedings inside the courtroom and outside, and especially those in the Philippines. 

Today marks an important day for international justice for the people of the Philippines, for the victims, and for this Court.

The commencement of the confirmation hearing against Mr. Rodrigo Roa Duterte is a reminder of the Court’s unwavering commitment to its mission to investigate and prosecute individuals for the most serious crimes of concern to the international community and to bring justice to the thousands of victims of the mass crimes and atrocities perpetrated in the Philippines. 

It is also a reminder that those in power are not above the law. 

Your Honors, over the course of the next 20 minutes or so, I will provide an overview of the evidence in this case that demonstrates that Mr. Duterte is responsible for the charged crimes. And my team will then develop aspects of this evidence in more detail. 

This case before you today, it is before you today because there is substantial ground to believe that Mr. Duterte is criminally responsible for those three counts of murder just spelled out, and attempted murder, as crimes against humanity. 

These charged crimes were committed during the time within the court’s jurisdiction, which is between the 1st of November 2011 and the 16th of March 2019.

At first, they were committed in and around Davao City, where Mr. Duterte was a mayor, and then expanded across the rest of the Philippines when he became president. 

Mr. Duterte is charged with 49 incidents of murder and attempted murder of 78 victims, including children. These murder and attempted murders were part of a widespread and systematic attack that overall resulted in the killings of thousands of civilians across the country during the relevant time frame.

Thus, the charged incidents are merely a fraction of the overall criminality that resulted from Mr. Duterte’s so-called war on drugs. 

What is Mr. Duterte’s core contribution? Your Honors, Mr. Duterte played a pivotal role in the commission of the charged crimes. His contributions were essential, as he was at the very heart of the Common Plan to neutralize alleged criminals in the Philippines, including through murder.

The victims included individuals associated with or perceived to be associated with drugs. 

One of the first things Mr. Duterte did when he became mayor of Davao back in 1988 was to create the infamous Davao Death Squad, otherwise known as DDS.

As you will have seen from the prosecution pre-confirmation brief, Mr. Duterte personally instructed Death Squad members that their mission was to kill criminals and suspected criminals, including drug users and dealers. Also referred to as drug pushers. The Death Squad carried out this mission well into the charge period through 2011 to 2016, perpetrating the crimes charged in Count One.

Your Honors, Mr. Duterte’s criminal plan and his intent were no secret. He not only shared them with his co-perpetrators and members of the Death Squad, but also made them abundantly clear to the general public in the numerous public statements that he made time and again. 

During his presidential campaign, Mr. Duterte explicitly vowed to implement the common plan to neutralize alleged criminals nationwide if elected. This was his program to be elected. 

He publicly announced his intention to eradicate corruption, criminality and drugs in three to six months. And this is what he said. I quote. “If I become the president, I will order the military and the police to hunt down the drug lords, the big ones, and kill them.” That’s what he said.

And this can be found at the Tab 12 of the Prosecution list of materials. Similarly, when speaking about druggies, I quote, in a televised interview in 2015, this is again what he said. “If I become President, you will all get wiped out. I will order your execution within 24 hours.” That’s what he said. I quote directly from his words. And this quote can be found at Tab 19.2 of the prosecution list of materials. ERN PHL-OTP-401684, page 003. These are the lines 82 and 83.

And elected he was. And becoming President on 30th of June 2016, this provided him with the opportunity to follow through with his promise. And to expand extrajudicial killings of alleged criminals beyond Davao and across the rest of the Philippines.

He did this through the implementation of the National Anti-Illegal Drug Campaign, better known as Duterte’s War on Drugs. And its project, Double Barrel. This was carried out by the national network consisting of law enforcement personnel working together with non-police assets and hitmen. 

Mr. Duterte authorized murder and personally selected some of the targets. During the mayoral period, when he was mayor, his clearance was required for the DDS to carry out the killings.

Essentially, members of the DDS needed Mr. Duterte’s green light to murder. During the presidential period, Mr. Duterte continued to personally identify some of the targets. Including by publicly naming those he claimed were involved in illegal drug trade or in other forms of criminality.

He also identified targets by holding up a list containing their names. And if you are on the list, you will be killed. And this was the word of one prosecution witness.

And this evidence can be found at Tab 54 of the prosecution list of materials. ERN PHL-OTP-00015486, page 0009. And the relevant lines are 260 to 261.

Mr. Duterte provided moral and financial support to the direct perpetrators as well. 

In a 12 December 2016 speech, Mr. Duterte admitted that he used to ride around Davao on a motorcycle looking for trouble. So he could kill. And he said, and this again is his own words I’m quoting here. “In Davao, I used to do it personally. Just to show the guy that if I can do it, why can’t you?” And these are his own words. And this quote can be found at Tab 16.1 of the prosecution list of materials. ERN PHL-OTP-00015547, at 0002 lines 7 and 8. 

The evidence shows that Mr. Duterte’s Davao City Mayor Office provided some members of the DDS with a regular salary. Financial rewards were also given to direct perpetrators in the form of cash per head for killing.

And at a press conference in 2013, Mr. Duterte stated that shoot-to-kill orders and rewards are, and I quote him, “are legitimate tools of government to fight lawlessness.” This is his own words. “And if he surrendered to me or his carcass dead, then I double the price.” And again, yeah, and that was what he boasted. This quote can be found at Tab 17.2 of the Prosecution list of materials. PHL-OTP-00094932, at 0002, and the relevant lines are lines 7 to 11.

Deaths of drug personalities killed in anti-drug operations were endorsed by Mr. Duterte’s administration and listed as official accomplishments in public reporting. 

Your Honors, as you will have seen in the confirmation brief, Mr. Duterte also provided the direct perpetrators with weapons, ammunition, and logistical support to facilitate the commission of the charged crime. And he also had control, wide control over those crimes.

And let me now turn specifically to that control. As Mayor of Davao and later as President of the Philippines, Mr. Duterte wielded ultimate influence and authority over the physical perpetrators of the crimes. As Mayor, Mr. Duterte was Chief Executive of the Davao City Government with responsibility for exercising general supervision and control over all its activities.

He had formal operational supervision and control over National Police Unit in Davao. As creator and head of the DDS, he also had de facto control over the Death Squad’s members. When Mr. Duterte became President on the 30th of June 2016, he sat at the very apex of the political power structure in the Philippines.

He became the head of state, head of government, and commander-in-chief of all armed forces of the Philippines. He also became the leader of the country’s police forces. This level of authority allowed him to wield the direct and de facto control over those implementing the common plan nationwide.

Mr. Duterte’s control over the crime is also apparent from his ability to interrupt their commission when he so chose. As outlined in our pre-confirmation brief, he successfully suspended police anti-illegal drug operation on two occasions following public outcries in response to particularly notorious killings. On both occasions, the number of reported killings dropped significantly during the suspension, showcasing his control.

When he asks people to act, they act. When he asks them to refrain, they do so. They oblige.

Mr. Duterte was well aware of the authority he had over the perpetrators. 

In a speech given to the National Bureau of Investigation in November 2016, he expressly acknowledged his position of power. And this is what he said. ”To the military, I am commander-in-chief. On the civilian side, I am the chief executive of the government.” And when talking about the police, this is what he’s saying. “They are my subordinate, and I am ultimately responsible for their deeds.” And these are quotations. And they can be found at Tab 131.2 of our prosecution list of materials at ERNPHL-OTP-00095679, page 0004. And the relevant lines are from 131 to 134. 

And the direct perpetrators complied with Duterte’s order and respected his authority. Mr. Duterte was respected by the physical perpetrators. He was feared, and his order and instruction were obeyed. One inside witness explicitly says that the police killed, and I quote, “because of the directive of the President.” This is what the witness said, inside.

And this quote can be found at Tab 120 of the Prosecution list of materials, ERNPHL-OTP-00088631-R01, page 66. And the relevant lines are from 2304 to 2306. And this statement is corroborated by other statements we have also provided.

And some direct perpetrators complied because of their blind loyalty to Mr. Duterte. Some did it out of fear, and others were encouraged to comply by promises of money and rewards. For some, killing reaches the level of a perverse form of competition, with effort to attain killing quotas, which in turn would lead to promotions and rewards.

Others felt there was no other choice but to comply, with one insider explaining that it was simply not possible to not obey Mr. Duterte’s command. And this is also from an insider witness. And this evidence can be found at Tab 51 of the prosecution list of materials, ERNPHL-OTP-0015403, at page 0008 to 0009.

And the relevant line here is from 240 to 245. 

Direct perpetrators were further emboldened to commit crime by Mr. Duterte’s repeated promises of immunity. In various public statements, Mr. Duterte vowed to protect the police involved in killing. And this is what he said again. “For as long as there is a power to pardon in the constitution, that’s my weapon against crime. If you massacre 100 and there are 100 of you, then you will all be pardoned, restored to full political and civil rights, plus a promotion to boot. It’s like that, especially the high profile.” And this quote can be found at 130.2 of the prosecution list of materials, ERNPHL-OTP-50336, at page 0010.

Such statements reassure the physical perpetrators. One insider described that he felt confident to continue killing people because he knew that he wouldn’t be arrested for that. And this evidence can be found at Tab 38 of the prosecution list of materials, ERNPHL-OTP-0001-2779, at page 0005. And relevant lines are from 130 to 131.

Your Honors, let me now say a few words about the contextual elements. The 78 murders and attempted murders that Mr. Duterte is charged with in this case were not random. These were not random crimes. Nor were they spontaneous or happened in isolation. Rather, the evidence demonstrates that they were part of a widespread and systematic attack directed against the civilian population of the Philippines.The murders and attempted murders were carried out across the Philippines and over a substantial period of time. 

Overall, Duterte’s so-called war on drugs resulted in the killings of thousands of civilians from the 1st of November 2011 to the 16th of March 2019. And many of these victims were children. 

The victims of extrajudicial killing charged in this case were brutally murdered, some after having been abducted and mistreated.

Unlike Mr. Duterte, who is represented by his counsel here today, they were deprived of any form of due process. The loss of every single one of these victims had the most profound impact on their families, their friends, and ultimately their communities. Their suffering was met not merely with Mr. Duterte’s indifference, but with his mocking.

In a 25 July 2016 speech, he expressly made fun of the iconic photograph portraying the partner of an extrajudicial killing victim, cradling his body, which is now visible on our screen. While the specific incident portrayed in this photograph is not charged in this case, Mr. Duterte’s comment on it is demonstrative of his attitude towards the victims. 

In reference to this photo, Mr. Duterte, this is what he said: “Those of you who are still sober, those who haven’t tried illegal drugs, if you don’t want to die or get hurt, don’t rely on the priest, including human rights advocates. They won’t be able to prevent death, so don’t do it. And then there you are, sprawled on the ground, and you are portrayed in a broad sheet like Mother Mary cradling the dead cadaver of Jesus Christ. That’s how they are creating dramas here.” This is what he said. And this quote can be found at Tab 128 of the prosecution list of material at ERNPSL-otp-50335, page 0008.

And of course, the question of whether Mr. Duterte had knowledge and intent, of course, goes without saying. 

Your Honors, Mr. Duterte intended and knew that the charged crimes were occurring, or that they would occur in the ordinary course of events that he had set in place and put in motion. His intent and knowledge are shown by the multiple statements he made throughout his mayoral and presidential tenure, promising to reduce crimes by killing alleged criminals, promoting the Common Plan, and urging police and even members of the public to kill alleged criminals.

As detailed in the Prosecution pre-confirmation brief, and as Your Honor will hear in the course of my team’s presentation, Mr. Duterte also made statements directly acknowledging allegations of extrajudicial killings by his subordinates and issued a written order showing he knew about the crimes they committed. 

Your Honors, the Prosecution relies on significant and varied sources of evidence to demonstrate that substantial ground exists to believe that Mr. Duterte is criminally responsible for the crimes. This evidence includes multiple witness statements, including insider witnesses.

It includes many speeches of Mr. Duterte himself, as well as the statements of his co-perpetrators. It also includes orders and other documents signed by himself. The prosecution further relies on official government documents, including material from the Philippine National Police.

It relies on drug watch lists, on audio and video material, as well as on forensic and financial evidence. Your Honors, during the prosecution’s subsequent presentation, my colleague will elaborate on some of this core evidence in more detail. 

Mr. Nichols will give a presentation on Mr. Duterte’s background, followed by an overview of the evidence demonstrating his responsibility for the crime charged in Count 1. This will be followed by the presentation of Mr. Jeremy behind me, who will speak about the evidence demonstrating Mr. Duterte’s responsibility as President for the crime charged in Count 2. And Ms. Croft, on my left, will then elaborate on the contextual element of crime against humanity and the mode of liability through which Mr. Duterte is responsible for the crimes alleged in this case.

And to conclude, Madame President, Your Honor, while this Court cannot reunite victims with their loved ones, it can help reveal the truth about what happened to them and bring a sense of justice to the victim. 

The charges before you today are serious and the evidence submitted requires their confirmation. And Mr. Duterte must be held to account and this case should be confirmed for trial.

I thank you very much.