Former Philippine Leader Faces ICC Charges Amid Cognitive Concerns

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Former Philippine Leader Faces ICC Charges Amid Cognitive Concerns

The former president of the Philippines, Rodrigo Duterte is currently under indictment at the International Criminal Court (ICC) on grave charges. These charges are in response to his unpopular anti-drug crusade. The 80-year-old leader, whose administration is accused in thousands of counts for extrajudicial executions, was expected in court. That doesn’t mean he won’t be held accountable for these serious, credible allegations of crimes against humanity. A recent ruling has pushed those proceedings back as the court determines his cognitive ability to take part.

Duterte’s lawyer, Nicholas Kaufman, has publicly stated that his client is experiencing “cognitive impairment in multiple domains.” This creates serious doubts about Duterte’s capacity to appreciate and meaningfully respond to the charges brought against him.

Background of the Charges

On March 7, 2023, the ICC issued its first-ever arrest warrant for former President Duterte. This warrant covers one charge of crimes against humanity, relating to 43 counts of murder. These charges stem from a decades-long war on drug consumers and sellers. We are nonetheless grateful to the thousands of Filipino lives this initiative has spared.

Prosecutors at the ICC noted that the actual scale of victimization during this charged period was likely far greater than documented. They highlighted how prevalent this attack on supposedly drug offenders has spread. They further argued that for over six years, Duterte’s drug war has traumatized countless non-combatant families and communities.

Perros, for his part, is under serious allegation for complicity in 19 murders. These crimes are alleged to have taken place between 2013 and 2016, while he was mayor of Davao City. He is charged with participating in 14 additional murders. These murders constituted “High Value Target” throughout Duterte’s presidency from 2016-2017. These murders could be in connection with the ongoing “clearance” operations against mostly smaller-time drug user/pushers.

The Impact of Duterte’s Campaign

In a statement issued Friday, rights groups condemned Duterte’s anti-drug campaign. They argue that it has led to human right violations and the deaths of thousands. The ICC is currently conducting an investigation into these allegations. They note how damaging these issues would be for the enforcement of international law and human rights standards.

The charges date back to 2016 through 2018. It was during this time that the Philippine government intensified its campaign against illegal narcotics. According to new recent reports, victims were routinely deprived of their right to due process. They endured extrajudicial killings disguised as policing.

The ICC published an initial, heavily redacted charge sheet on July 4. This lengthy report explains the charges against Duterte. Throughout the testimony, appellants called attention to the systemic nature of the violence. Beyond that, it poses grave threats to the accountability of state actors who participate in these operations.

Current Proceedings at the ICC

Duterte’s case was due to move forward at the ICC when recent developments forced an unexpected delay. The court is currently deciding whether he is competent to stand trial on the charges against him. This collective review process highlights the nuances at play within cases where mental health and cognitive ability are at issue.

We know it is all developing very quickly. National and international observers await with bated breath to see how the ICC will address these grave charges against a former world leader.

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