(UPDATE) THE Oplan Double Barrel memo signed by then police chief Ronald Dela Rosa in 2016 is a crucial document in the International Criminal Court (ICC) case against former president Rodrigo Duterte, who is facing trial for crimes against humanity in connection with his bloody war on drugs.
The memo, which launched the two-pronged anti-drug campaign, is a key part in the “mosaic of evidence” that prosecutors are assembling to prove that Duterte orchestrated systematic killings during his drug war, said ICC Assistant to Counsel Kristina Conti.
The memo from Dela Rosa, now a senator, used the term “neutralize” in reference to drug suspects — a word that took on deadly meaning as bodies piled up in Manila’s poorest neighborhoods.
Former president Rodrigo Duterte. PHOTO BY MIKE ALQUINTO
The memo’s classification of targets into “high-value” and “low-value” categories allegedly created a bureaucratic framework for mass killings.
“The document that Bato Dela Rosa signed July 1, 2016, commands all the police officers to implement Oplan Tokhang and Double Barrel,” Conti said, highlighting what prosecutors see as a smoking gun. “The very contested term is ‘neutralized.'”
Conti said the official police memorandum serves as critical evidence in establishing command responsibility.
“In the case of the Philippines, I would most like to think that we already have testimonial evidence from inside witnesses,” she said, suggesting the document connects directly to field operations.
Conti said forensic evidence forms another pillar of the case.
Autopsy reports reviewed by investigators reveal execution-style patterns, with multiple victims showing close-range gunshot wounds to the head — a signature of summary killings rather than legitimate firefights.
Medical examiners documented cases where victims’ hands showed no gunpowder residue, undermining claims they fired at officers. Some corpses exhibited defensive wounds, suggesting they were kneeling or surrendering when killed.
“Forensic evidence can show how this person was killed,” Conti said, addressing how autopsy reports contradict official police narratives. “Even if it is not established at the time of the day, forensic evidence can prove the manner of killing.”
She said ICC prosecutors compiled testimonies that provide an inside look at the killing machinery. These include former police officers describing how they were being pressured to meet quotas, with one whistleblower recalling superiors instructing them to “make it look like a shootout.”
In addition, hitmen allegedly on government payroll have come forward with details of coordinated operations.
Perhaps most damning are the accounts from families who witnessed their loved ones being taken by armed men in police uniforms, only to find their bodies hours later tagged as “drug suspects” in makeshift morgues.
Conti emphasized that while individual pieces of evidence might be circumstantial, their collective weight forms a compelling case.
She said the “Double Barrel” memo establishes authorization, forensic reports demonstrate systematic execution methods, and witness testimonies connect these to specific incidents.
“When you see the same wound patterns across hundreds of bodies, when multiple officers describe the same protocols, and when all this traces back to a single document — that’s not coincidence, that’s a pattern of criminal conduct,” Conti said.
Nevertheless, the ICC prosecution faces challenges, including potential witness intimidation and the Philippine government’s refusal to cooperate.
But Conti dismissed arguments that witness recantations would weaken their case.
“Even if you withdraw your statements or clarify… that this was just probably a joke or hyperbole, it would work against them because he made equivalent incendiary statements before clarifying,” Conti said, referring to Duterte’s public pronouncements.
Conti said the ICC considers a mix of testimonial, documentary and object evidence. Philippine cases typically rely heavily on “star witnesses,” but the ICC case incorporates multiple evidence types, she said.
Conti also revealed the scope of evidence collected so far, with 181 pieces of evidence having been submitted by the prosecution.
When asked if these represent individual cases, she said they include various types of evidence, not just victim counts.
The ICC maintains an active witness portal for the Philippine case, Conti said.
“The witness appeals website or microsite of the ICC is still up with special attention for the Philippines,” she said. This suggests ongoing efforts to gather more testimony from insiders and victims’ families.
More charges possible
Meanwhile, in a separate interview, Joel Butuyan, one of only five Filipino lawyers accredited by the international tribunal, said ICC prosecution is continuously expanding its case against Duterte to include charges of torture, sexual offenses and illegal detention beyond the original murder allegations.
“The prosecution’s investigation remains ongoing even at this stage,” Butuyan said, “and they could introduce new charges if they establish evidentiary support.”
He revealed that ICC prosecutors continue to actively investigate potential crimes committed during Duterte’s drug war and may file additional charges before the crucial Sept. 23 confirmation of charges hearing.
“The prosecution’s investigation is continuing in fact until the start of the trial,” Butuyan said. “They could add more crimes like torture, crimes of sexual offenses, and other forms of illegal detention.”
The veteran human rights lawyer said while the initial charges focused on murder allegations, the prosecution appears to be building a more comprehensive case.
“Right now it’s just murder, but there’s no limitation if they can establish other crimes,” he said.
Butuyan, who serves as president of CenterLaw and has represented numerous victims of human rights violations, cautioned that any additional charges would need to be supported by strong evidence.
“The basis of the warrant was only for the charge of murder,” he said. “But if they can present evidence of other crimes, these could be added to the case.”
The potential expansion of charges comes as Duterte’s newly formed defense team prepares to challenge the ICC’s jurisdiction and possibly seek interim release for the former president.
Butuyan emphasized that the prosecution’s ongoing investigation means the legal landscape could shift significantly before the September hearing.
