Rodrigo Duterte's 'co-perpetrators': What does that actually mean?

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February 16, 2026 | 2:25pm

MANILA, Philippines — Eight current and former officials — including Senators Bato dela Rosa and Bong Go — were identified as co-perpetrators in the International Criminal Court's charges against former president Rodrigo Duterte. But the designation does not automatically trigger arrest warrants and does not mean they now face charges of their own. 

At least, not yet.

The names of these officials surfaced in a less redacted version of the Document Containing the Charges, or DCC, posted on the ICC website on February 13. The document lays out the prosecution's case ahead of the confirmation of charges hearing set to begin on February 23, where judges will decide whether the evidence is strong enough to proceed to trial. It also includes unnamed “other members of the PNP and high-ranking government officials.”

Duterte faces three counts of crimes against humanity for at least 76 murders linked to his anti-drug campaign, first as Davao City mayor and later as president.

What does co-perpetrator actually mean, and how close are they to facing prosecution themselves?

Part of the 'story' but not yet the case

ICC Assistant to Counsel Kristina Conti explained that the eight were named in the document because the prosecution cannot tell a full account of how Duterte allegedly committed crimes without them.

"Pag nagkikwento ka ng kwento ng bida, hindi naman pwedeng hindi mo mabanggit yung nanay na namatay, yung tatay na nagpa-aral sa kanya," Conti said, likening the charging document to a narrative in which Duterte is the lead character. "Lahat ng tumulong doon sa quote-unquote bida... ay kailangang mabanggit."
 
(When you tell a story about a hero, you can't not mention the mother who died, the father who supported their studies... Everyone who helped the quote-unquote hero... needs to be mentioned." 

The charge document describes how Duterte and these officials allegedly shared what prosecutors call a "common plan" to target suspected drug users, pushers, and — in Davao — street-level criminals, including petty thieves and street children. Each of the eight played a different role in carrying out that plan, according to the prosecution.  

When Duterte became president in 2016, prosecutors allege the system expanded from its Davao City version into a "National Network" made up of law enforcement authorities and other state-linked actors. The co-perpetrators, according to the document, ensured compliance through chains of command, recruitment of loyal subordinates, and protection from being investigated.

But being named in the DCC is not the same as being charged.

Co-perpetrator vs. co-accused vs. co-conspirator

The three terms, Conti said, have their own definitions.

A co-conspirator implies the existence of an overarching conspiracy, where people who sat down and agreed to a plan. Conti said that while there is a conspiracy element to the case, that is not the legal framework the ICC prosecution is primarily using. The coordination may not have happened in a single agreement; instructions may have been given separately, at different times.

A co-perpetrator — the term the ICC uses — is someone who committed a crime jointly with another, as part of a shared plan. Under Article 25(3)(a) of the Rome Statute, this can include indirect co-perpetration, where someone controls a structure of power through which crimes are committed, even without being physically present at the scene.

A co-accused is a person who has been formally charged and is subject to a warrant of arrest. As of now, only Duterte holds that status, based on available information.

"Para maging co-accused... kailangan meron ka din warrant of arrest. Subject ka rin ng charges," Conti said. "Sa ngayon, wala pa tayong alam na any of them are subject of charges or warrant of arrest."

(To be co-accused... you also need to have a warrant of arrest. You are also subject to charges. Right now, we don't know that any of them are subject to charges or warrant of arrest.)

Could warrants follow?

That remains unclear. The ICC focuses its prosecutions on the "most responsible" for crimes under its jurisdiction — a principle rooted in complementarity, where the court steps in only when domestic systems fail to act.

Conti noted that while the ICC has jurisdiction over all persons who commit acts covered by the Rome Statute, it brings only those it considers most responsible before the court. The rest, ideally and in theory, should be dealt with by national authorities.

Human rights groups are calling for the immediate arrest of the co-perpetrators. They say that the Philippines' courts cannot be relied on to hold them accountable and warn that they could at the moment destroy evidence or flee.

What's next

The confirmation of charges hearing runs from February 23 to 27 before the Pre-Trial Chamber I. 

The former president has only so far appeared before the court once, two days after his arrest. 

During the four-day proceeding next week, prosecutors must show substantial grounds to believe Duterte committed the crimes charged. His defense team will present counter-arguments.

On the same day the DCC was uploaded, the Pre-Trial Chamber also authorized 500 new victims to participate in the case, bringing the total to more than 539. 

The ICC earlier ruled Duterte is fit to stand trial.