“License to Kill”

unlawful deaths, there are several grounds for which Duterte and his chief subordinates may
be held criminally responsible.
No evidence thus far shows that Duterte planned or ordered specific extrajudicial killings.
Some of the killings, particularly during the campaign period, appear to have been carried
out in anticipation of a broad anti-drug campaign in which legal constraints would be
lifted. But once in office, Duterte’s repeated calls for killings as part of his drug campaign
could constitute acts instigating the crime of murder. In addition, Duterte’s statements
that seek to encourage vigilantes among the general population to commit violence
against suspected drug users would constitute incitement to violence.
Furthermore, the doctrine of superior responsibility imposes criminal liability on officials
for the unlawful acts of subordinates, where the superior knew or had reason to know of
the unlawful acts, and failed to prevent or punish those acts. The unlawful killings being
carried out by police forces ultimately under Duterte’s command have repeatedly been
brought to his attention by the media, the United Nations, foreign governments. and
domestic and international nongovernmental organizations, including Human Rights
Watch. His public comments in response to those allegations are evidence that he knows
about them.
With respect to possible crimes against humanity, the repeated calls by President Duterte
encouraging the killing of alleged drug dealers and users is indicative of a government
policy to attack a specific civilian population. Information on specific cases gathered by
the media and nongovernmental organizations including Human Rights Watch show this
attack to be widespread. The “repeated, unchanging and continuous nature of the
violence” used by the police appears reflective of an attack that has been systematic. Any
killings of drug suspects by police with an awareness of such a policy or plan would
amount to crimes against humanity, for which senior officials could be held responsible as
a matter of superior responsibility.
There is no evidence that Duterte has taken any steps to prevent or punish those responsible
for the killings. As his continuing public statements make clear, he has discounted the
illegality of police actions, showing no inclination or intent to investigate alleged crimes. As
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