Due Process in the Crossfire: A Human Rights Law Assessment of the Philippines’ War on Drugs and the Limits of Police Operational Authority Under Republic Act No. 9165

The Philippines' anti-drug campaign, initiated under the Duterte administration in July 2016 and continuing under subsequent administrations, has resulted in an estimated 12,000 to 30,000 deaths at the hands of the Philippine National Police and vigilante groups operating with apparent official sanction. This article undertakes a systematic legal analysis of the campaign against the dual framework of the 1987 Philippine Constitution's due process guarantees and the country's binding obligations under the International Covenant on Civil and Political Rights (ICCPR). Drawing on Supreme Court jurisprudence interpreting Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002), the article examines the legal architecture that has enabled and sustained the extrajudicial killing of drug suspects, including the use of official 'watchlists' as kill lists, the systematic falsification of official records through standardised self-defence narratives, the subversion of RA 9165's chain of custody requirements, and the failure of domestic accountability mechanisms including the Commission on Human Rights (CHR). The article further analyses the International Criminal Court's preliminary examination and its subsequent decision to resume an investigation into the situation in the Philippines, addressing questions of admissibility, complementarity, and the doctrine of crimes against humanity. We conclude with a reform framework grounded in human rights-compliant drug policy, judicial oversight of police operations, and structural accountability mechanisms.

Keywords: Philippines; War on Drugs; Due Process; Republic Act 9165; Extrajudicial Killings; ICC; ICCPR; Commission on Human Rights; Oplan Tokhang; Crimes Against Humanity