What happened in the Philippine drug war that led to Rodrigo Duterte’s arrest?

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Former Philippine president Rodrigo Duterte was arrested and taken into custody on Tuesday in Manila on an International Criminal Court (ICC) warrant for the “war on drugs” that defined his term in office and which killed thousands of Filipinos.

Here are some facts about the drug war during Duterte’s presidency from 2016 to 2022:

Duterte vows to ‘kill’ in campaign promise

As longtime mayor of the southern Philippine city of Davao, Duterte was known as “the punisher” for his harsh policies.

His profanity-packed speeches and death threats to drug gangs were a feature of his successful campaign for the presidency in 2016.

Among Duterte’s statements during the campaign were: “Forget the laws on human rights. If I make it to the presidential palace, I will do just what I did as mayor. You drug pushers, hold-up men and do-nothings, you better go out. Because I’d kill you.”
He said his campaign in Davao kept citizens safe from crime. He also reiterated his intentions for a violent crackdown to Reuters news agency reporters during the campaign.

“I say let’s kill five criminals every week, so they will be eliminated,” he said.

Crackdown rolled nationwide

It did not take long for the same kind of police crackdowns to be implemented nationwide.

By the end of 2016, Duterte’s war on drugs was well under way across the nation, and the body count was setting records.

A man points his finger as he speaks in front of a microphone.

During his presidential campaign in 2016, Rodrigo Duterte said he would “kill five criminals every week”. Source: AFP / Jam Sta Rosa

Police killed more than 2,000 people in the months after Duterte was inaugurated on 30 June until the end of the year. Most of the deaths were described as shootouts.

The crackdown and death toll did not dent Duterte’s popularity.

An opinion poll published by the Social Weather Stations research agency in December 2016 showed 77 per cent of Filipinos were satisfied with Duterte’s performance.

In 2018, Reuters journalists received a Pulitzer prize for a series of investigative stories on the drug war, including tracking down security camera footage that contradicted official accounts of shootout killings.

The final toll

By the time Duterte left office in 2022, the drug war’s official toll had at least tripled. Police said 6,200 suspects were killed during anti-drug operations.
The Philippine government has officially acknowledged 6,248 deaths due to the anti-drug campaign.
But activists say the real toll of the crackdown was far greater, with thousands of urban and poor drug users, many placed on official “watch lists”, killed in mysterious circumstances.

Duterte was unapologetic in his defence of his campaign and says he told police to kill only in self-defence.

A woman weeps near a coffin during a funeral with people around her.

Thousands have been killed in the Philippines as a result of Rodrigo Duterte’s drug war. Source: AFP / Ezra Acayan

Families of some of those killed and human rights advocates later exhumed bodies, sometimes accompanied by Reuters journalists, and compared the remains with death certificates and official reports.

Dozens of cases showed violent deaths where the death certificates listed natural causes. In one case, the death certificate listed pneumonia as the cause of death, although the skull of the exhumed body had a bullet hole.

The ICC prosecutor has said as many as 30,000 may have been killed by police or unidentified persons over the years.

ICC investigation and arrest warrant

In February 2018, the ICC prosecutor’s office said it would conduct a preliminary investigation into deaths in the Philippines.
Barely a month later, Duterte said he would withdraw from the ICC. The exit took effect in March 2019.
But under ICC rules even if a state withdraws as a member, it retains jurisdiction over crimes within its jurisdiction committed during the membership period.

The ICC investigation was suspended in 2021 after the Philippines said it had a functioning judicial system capable of investigating and prosecuting alleged abuses.

However, in 2023, the ICC investigation was reactivated after the court said it was unsatisfied with Philippine efforts.
The current government of President Ferdinand Marcos Jr initially said it would not cooperate with the ICC, but said in late 2024, it would comply with any arrest warrant.

Philippine justice minister said in January the government was open to cooperating with the international body.

What is in the ICC warrant against Duterte?

The 15-page arrest warrant, made public by the court, outlines the accusations against the former Philippines president over killings in his war on drugs.
Here are some key elements in the warrant.
The warrant was issued on 7 March. It charges Duterte with murder as a crime against humanity.

The document says the judges are satisfied there are reasonable grounds to conclude the ex-president was at the head of the so-called Davao Death Squad (DDS) and later oversaw Philippines’ law enforcement while in office as president.

A child raises his fist in front of an effigy of former Philippine president Rodrigo Duterte.

Filipinos staged many protests against Rodrigo Duterte’s crackdown. Source: AFP / Ezra Acayan

The document says those bodies launched a widespread and systematic attack on the civilian population of the Philippines, targeting alleged criminals, especially those thought to be involved in drug trafficking.

The judges said the killings shared common features, including the locations, and the methods of killing, as well as the profiles of victims and perpetrators.

According to the judges, there are reasonable grounds to conclude Duterte could be held criminally responsible for the alleged killings of at least 19 alleged drug dealers or thieves by the DDS in Davao City and at least 24 other alleged criminals killed by or under the supervision of members of the Philippines’ law enforcement.

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