Former President Rodrigo Duterte on November 13, 2024, during the Quad-Comm hearing on the extrajudicial killings, addressing alleged human rights violations from his administration’s war on drugs. Maria Tan, ABS-CBN News/FileMANILA — The Department of Justice task force tapped to investigate the war on drugs of the Duterte administration is eyeing the possibility of charging former President Rodrigo Duterte with violation of Republic Act No. 9851 or the International Humanitarian Law, Justice Secretary Jesus Crispin Remulla said Monday.

Remulla also confirmed that the task force, which was created to prosecute the perpetrators of extrajudicial killings during the war on drugs, is specifically investigating the former president.

DOJ creates task force for investigation of EJKs to assist House Quad Comm and Senate

Remulla stressed the "spirit of complementarity," as the International Criminal Court is also conducting its investigation into the possible crimes against humanity in Duterte's anti-drug campaign.

"International Humanitarian Law ang ating pinupuntirya ngayon kasi (is what we are eyeing because) it is the law that the ICC is studying as well as the law that we have here, it is the law of the ICC that we are using right now, Republic Act 9851," Remulla said.

Remulla said that the possible charges to be filed on the war on drugs will be separate from and will not overlap with the ICC.

"Even if we are not members of the ICC, the spirit of complementarity still applies," Remulla said.

Duterte tells ICC to 'hurry up' with probe: 'Baka mamatay na ako'

The Philippines quit the ICC in 2019 on Duterte's instructions, but the tribunal has said it has jurisdiction over killings before the pullout, as well as killings in Davao City when Duterte was mayor there, years before he became president.

Official government figures estimate that more than 6,000 people were killed in legitimate drug operations, but human rights groups claim that as many as 30,000 were gunned down. 

OTHER CHARGES BEING STUDIED

Remulla said he had a meeting with the task force on Monday morning.

Asked about the scope of its investigation, other laws possibly violated because of the war on drugs are also being studied by the task force.

"Lahat ng puwedeng sakupin siyempre (Everything could be covered, of course) you are talking about several laws that are coming into play and you have the Revised Penal Code and other laws and you have Republic Act 9851," Remulla said.

When asked by Gabriela Party-list Rep. Arlene Brosas in a November 13 House hearing whether or not he was willing to cooperate with the ICC investigation, Duterte said, "I am asking the ICC to hurry up and if possible, they can come here and start the investigation tomorrow."

Duterte, 79, claimed that the "issue has been left hanging for so many years… Baka mamatay na ako, hindi na nila ako ma-imbestiga."

(I might die before they investigate me.)

"So, I am asking the ICC, through you, na magpunta na sila dito, bukas. Umpisahan na nila ang investigation (They should come here at once, tomorrow. They should start their investigation). If I am found guilty I will go to prison and rot there for all time," he added.

The ICC may release a warrant of arrest for Duterte before the end of the year, which could signal the beginning of trial.

'Ako ang makulong': Duterte says he takes 'full responsibility' for bloody drug war

—with Agence France-Presse