MANILA — A lawyer representing victims of former Philippine President Rodrigo Duterte’s war on drugs has refuted Vice President Sara Duterte’s challenge regarding the number of victims, emphasizing that crimes against humanity are not solely about numbers but also the systematic nature of the killings.

Kristina Conti, a lawyer from the National Union of Peoples’ Lawyers and assistant to counsel at the International Criminal Court (ICC), responded to the Vice President’s demand for a full list of the 30,000 alleged casualties. She argued that the prosecution’s case focuses on the pattern and planning behind the killings, not just the victim count.

‘Widespread and Systematic’ Killings

Conti explained the legal framework under which the case against Duterte is being pursued.

“Crimes against humanity must be either widespread or systematic,” she said. “In this case, our theory is that it was both. This is evident from Duterte’s statements and how the killings happened on the ground, such as the ‘one time, big time’ operations that took place across different parts of the Philippines in a single day.”

The Vice President questioned why only 181 pieces of evidence were presented before the ICC despite claims that thousands were killed. Conti clarified that these 181 items consist of various forms of documentation, witness testimonies, and other legal materials rather than individual victim names.

“In international law, the focus is not on individual murder cases, as it would be in the Philippines. The key element here is proving that an order was given and that a policy existed,” Conti explained.

Citing Precedent

Conti referenced the case of Jean-Paul Akayesu, a Rwandan official convicted by the International Criminal Tribunal for Rwanda in 1998. Akayesu was found guilty of crimes against humanity after being held responsible for the murder of just three people, as these killings were deemed part of a broader attack on civilians.

She also cited previous ICC rulings that define “widespread” attacks as large-scale operations targeting many individuals rather than being solely assessed through numerical thresholds.

“The assessment of whether an attack is widespread is neither exclusively quantitative nor geographical, but must be carried out based on all the relevant facts,” Conti said, quoting a 2019 ICC judgment.

‘A Simplistic View’

Vice President Duterte, who is not a party to the ICC case, questioned the prosecution’s argument, insisting that if 30,000 killings were being alleged, the evidence should match that number.

“And yet, we are already here at the ICC and there’s just 181 pieces of evidence. So where are the 30,000 pieces of evidence?” she asked.

She also accused the legal team representing drug war victims of incompetence, pointing out that only 43 killings were being examined in the case.

Conti dismissed this argument, calling it a “simplistic view that may convince some, but unfortunately, not the court.”

The ICC prosecutor has argued that Duterte’s role in these killings extends beyond direct involvement, citing his leadership of the so-called Davao Death Squad during his tenure as mayor and his subsequent national anti-drug campaign as president. The Philippine government has officially acknowledged at least 5,281 deaths in anti-drug operations from 2016 to 2019, while human rights groups estimate the number could be as high as 30,000.

“I look forward to better and sharper discourse with VP Sara, as well as Duterte supporters,” Conti said.

Protests Remain Peaceful

Meanwhile, nationwide demonstrations surrounding Duterte’s detention in The Hague remained peaceful, according to the Philippine National Police (PNP).

PNP spokesperson Brig. Gen. Jean Fajardo reported that around 240 separate rallies were held on March 28, coinciding with the former president’s 80th birthday. An estimated 60,000 participants attended the demonstrations, but no major incidents were recorded.

“We continue to monitor and remain prepared to ensure security should any events arise,” Fajardo said.

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