MANILA, Philippines – The upcoming International Criminal Court (ICC) trial of former president Rodrigo Duterte opened an opportunity for families to once again push back against claims that children killed in the drug war were mere collateral damage.

“Salamat sa Diyos. Sana tuloy-tuloy na ito upang tuluyan nang mabigyan ng hustisya ang pamilya ko at ng iba pang biktima,” said Grace (not her real name). “Sana mabulok na siya sa kulungan.”

(Thank God! I hope this continues so that my family and other victims can finally receive justice. I hope he rots in prison.) 

Grace’s daughter was 16 years old when she was killed in 2017. Beside the lifeless body of the fourth-year high school student was a cardboard sign bearing the words “Huwag tularan” (Do not emulate). Witnesses later told Grace that her daughter had been taken into police custody prior to the incident.

She was just one of the 150 deaths of minors documented by the Children’s Legal Rights and Development Center (CLRDC) from 2016 to 2022, including 122 during Duterte’s first three years in office. The group, however, noted that the actual number could be higher. 

“Duterte and his co-perpetrators maintain that the children killed are merely collateral damage,” CLRDC said. “However, there is strong evidence shown by the ICC to prove a widespread and systematic attack against the victims.”

In 2019, following the death of a three-year-old girl, Senator Ronald “Bato” dela Rosa said that collateral damage can occur during legitimate police operations, adding that it is “an imperfect world… shit happens.”

Dela Rosa, who served as Duterte’s first Philippine National Police (PNP) chief and is widely described as the architect of the war on drugs, is now reported to be in hiding amid speculation that he could be among the subjects of possible arrest warrants from the ICC. 

Duterte is going to face trial before the ICC after its chamber on Thursday, April 23, unanimously confirms all charges against him in relation to the war on drugs. The pre-trial chamber, in its decision, said that there “are substantial grounds to believe that Mr Duterte is criminally responsible for the crimes.”

Focus on victims, families’ well-being

Government data shows that at least 6,252 people had died at the hands of the police during anti-illegal drug operations as of May 31, 2022. This tally does not include victims of vigilante-style killings, which human rights groups estimate to pull the number up to around 30,000.

Documents obtained by Rappler, however, show that the PNP already recorded 7,884 deaths between July 1, 2016, and August 31, 2020.

CLRDC, working closely with In Defense of Human Rights and Dignity Movement (iDEFEND), had previously submitted communications and documented findings to the ICC. Their submissions highlighted the impact of the drug war on children and their families.

Jun Jun was only eight years old when his father and uncle were killed by police. Now 18, he said the ICC decision committing Duterte to trial brought a sense of relief, as if years of struggle and loss were finally being acknowledged.

“Nagkamali at nakagawa siya ng kasalanan [kaya] kailangan niyang harapin at managot siya sa pagkakamali niya,” he said. (He is at fault and committed a wrongdoing, so he needs to face it and be held accountable for his actions.)

iDEFEND spokesperson Judy Pasimio said they will be working closely with the families of victims to ensure their security, safety, and well-being. Many of them have been subjected to trauma and harassment at the hands of police and supporters of Duterte in their pursuit of justice for their loved ones.

The next step will be for the ICC to constitute a trial chamber. There is still no exact date for when the trial will begin, but data from other ICC cases suggest the way could be as short as six months or as long as two years.

The ICC must now ensure that victims are able to participate in the trial and are protected, according to Amnesty International Philippines, following the “historic moment” that shows “justice may be slow in coming, but it cannot be delayed forever.”

“Efforts must stop at nothing to ensure that all those individually responsible for crimes under international law and grave human rights violations are held accountable, whether in the Philippines or at the ICC,” Amnesty director Ritz Lee Santos III added. 

Rights group Karapatan, meanwhile, said the ICC decision is the “most recent vindication of the Filipino people’s efforts to uphold and pursue justice and accountability for the killings of thousands under Duterte’s bloody regime.” – Rappler.com