“Permission to Kill”: The Narrative and Practice of Extrajudicial Killings in the Duterte
Administration’s ‘War on Drugs’— A Case Analysis Anchored to Amnesty International’s ‘If You
Are Poor, You Are Killed’ (2017).
I. Introduction / Background of the Case
From mid-2016, President Rodrigo Duterte launched an aggressive nationwide anti-drug
campaign framed as a moral and public-security imperative. The campaign combined police
operations (“Oplan Double Barrel” and “tokhang” house visits) with public rhetoric that at times
appeared to condone or celebrate killings of suspects. Independent monitoring and human-rights
organizations documented thousands of killings, many described as extrajudicial (police
“encounter” deaths, vigilante-style killings, and deaths under ambiguous circumstances).
Amnesty International’s 2017 investigation argued that the poor were disproportionately targeted
and that the narrative deployed by the state dehumanized victims, facilitating impunity.
The case raises core questions about state power, human rights, rule of law, how discourse
(political narrative) enables violence, and the institutional checks (or their failure) in democratic
societies. Understanding the intersection of narrative, institutional practice, and accountability
efforts (national and international) is crucial for policy, human-rights advocacy, and civic
education.
II. Statement of the Problem / Focus Question
1. How did the state narrative portray drug-related persons and justify extraordinary
measures?
2. Which institutions carried out, enabled, or failed to check EJKs?
3. What are the short and long-term social, legal, and political consequences?
4. What institutional reforms or remedies can address impunity and structural drivers?
III. Objectives of the Case Study
This case study aims:
To analyze the functions and roles of institutions involved (state actors such as the PNP,
executive branch rhetoric, CHR, judiciary; non-state actors like vigilantes; and
international bodies).
To evaluate the significance and impact of the drug war and EJKs on Philippine society,
governance, and human rights.
To identify main challenges (data manipulation, impunity, weakened oversight, social
polarization) and propose actionable recommendations for accountability, policy reform,
and victim redress.
I.V. Presentation of the Case (Narrative)
Anchor article / narrative frame
Amnesty International’s 2017 report titled “If you are poor, you are killed” documents patterns
of killings and argues that the public and official narrative— depicting drug users and low-level
suspects as a scourge and criminals— created a permissive climate in which extrajudicial killings
became normalized and disproportionately affected the urban poor. Amnesty’s field interviews,
case studies, and pattern analysis form the narrative anchor for this study.
Key facts and timeline (selected, illustrative)
June 30, 2016 — Rodrigo Duterte inaugurated and immediately prioritized an
uncompromising anti-drug campaign. Duterte’s public statements signaled willingness to
tolerate lethal force.
2016–2019 — Human rights organizations, independent trackers (e.g., University of the
Philippines/DAHAS), and media reported thousands of killings. Estimates vary: official
counts (police) reported lower validated numbers; rights groups and independent
databases reported far higher totals. This discrepancy and disputes over counting became
a political issue.
2017–2018 — Groundbreaking NGO reports (HRW, Amnesty) documented patterns of
staged “buy-bust” encounters, planting of evidence, and vigilante-style killings —
pointing to systemic problems and impunity.
August 2017 / Kian delos Santos case — The CCTV, witness testimony, and subsequent
conviction of three police officers for murdering 17-year-old Kian delos Santos
(conviction in Nov 2018) became a landmark case demonstrating state accountability is
possible but rare.
2019–2023 — UN mechanisms and the International Criminal Court (ICC) moved
through preliminary examinations; the ICC later authorized investigations into alleged
crimes against humanity arising from the campaign. The Philippine government’s
cooperation and data transparency remained contested.
Actors
State actors: President (executive rhetoric and directives), Philippine National Police
(operations, alleged complicity), local officials (mayors), Department of Justice,
Commission on Human Rights (CHR — oversight and investigations), courts.
Non-state actors: Vigilante groups and unidentified gunmen; local community actors;
civil society and families of victims; media (investigative outlets such as Rappler, local
journalists).
Narrative mechanisms (how speech enabled practice)
Dehumanizing language: Official rhetoric described drug users/pushers as “vermin” or
threats to society, reducing empathy and facilitating support for harsh measures. Amnesty
and HRW documented how this discourse contributed to public tolerance of killings.
Performance of toughness: The “tough on crime” narrative rewarded visible results
(arrests/deaths), incentivizing aggressive policing.
Information control & data politics: Official “validated” counts
(#TheRealNumbersPH) were circulated to challenge higher NGO figures; accusations of
data manipulation and lack of transparency complicated accountability.
Evidence & quotes (examples)
Amnesty International’s title phrase encapsulates the narrative and lived reality: “If you
are poor, you are killed.” (Amnesty report).
HRW: documented systematic practices of fake encounters and failure to prosecute police
implicated in killings.
IV. Analysis of the Case
The researcher break the analysis into institutional, functional, significance, and challenges —
then interpret through theoretical lenses.
A. Institutions involved & their functions
1. Executive branch (President & Palace communications)
o Function: policy direction, public rhetoric, appointments. Duterte’s statements set
a permissive tone. The executive also promoted programs (tokhang, Oplan
Double Barrel) that structured police operations.
2. Philippine National Police (PNP)
o Function: operational enforcement; responsible for most documented “anti-drug”
operations declared by the state. NGOs allege many operations involved
extrajudicial killings, staged encounters, and planting of evidence.
3. Commission on Human Rights (CHR)
o Function: national human-rights watchdog; investigated and issued findings on
drug-related EJKs but lacked enforcement power to prosecute. CHR reports and
statements pushed for investigations and redress.
4. Judiciary & Prosecutorial bodies
o Function: adjudication and prosecution. Rare convictions (e.g., Kian case) show
the system can work, but broader systemic impunity remained.
5. International institutions (UN, ICC)
o Function: international oversight and accountability. The ICC’s preliminary
examination and later actions reflect international mechanisms stepping in when
domestic efforts fall short.
6. Civil society & media
o Function: documentation, advocacy, public pressure. Investigative journalism
(e.g., Rappler, Reuters) and NGOs (HRW, Amnesty) provided key evidence and
narratives that shaped international responses.
B. Functions performed (practical outcomes)
Short term: crackdown visibility, claimed reduction of certain drug market metrics
(debatable), political signaling of toughness.
Long term: erosion of rule of law norms, widespread human-rights harms for
families/children, polarization of public opinion, damage to trust in law enforcement,
international investigations (ICC) and diplomatic costs.
C. Significance (impact)
On society: deep trauma for families; increased fear in communities; stigma and
marginalization of the urban poor; children orphaned or left behind.
On governance: weakened accountability institutions; politicization of security;
international reputational costs and legal exposure (ICC).
On economy & public health: diversion of resources to enforcement over
treatment/harm-reduction; chilling effect on healthcare outreach and drug-treatment
programs.
D. Challenges and controversies (weaknesses)
1. Impunity & weak prosecutions: very few convictions relative to alleged killings;
selective accountability (Kian as exception).
2. Data disputes & transparency: official vs NGO counts; government campaigns to
discredit critical figures (#TheRealNumbersPH).
3. Narrative polarization: strong public support among many citizens for “order,” making
political reform difficult.
4. Legal/institutional constraints: CHR limited enforcement capacity; political pressure on
prosecutors/judges; threats and “red-tagging” of activists and journalists.
5. International diplomacy vs sovereignty arguments: government pushback against
UN/ICC involvement framed interventions as foreign interference; this complicated
cooperation.
E. Theoretical framing (defendable choices)
Hegemonic/Gramscian analysis: The state’s narrative (produced by the executive and amplified
in some media/municipal politics) created a “common-sense” legitimacy for extraordinary
measures. By framing drugs as existential social scourge and associating drug users with
criminality, the administration manufactured consent or acquiescence among segments of the
populace — enabling coercive practice without broad resistance. This fits Gramsci’s idea of
ideological leadership and consent-building; the rhetorical delegitimization of victims is a key
step in normalizing violence. (Defendable because Amnesty/HRW documented the
dehumanizing rhetoric and disproportionate targeting of the poor.)
State-crime theory / institutional capture: When policing agencies operate under political
incentives that reward “results” (body counts, arrests) without independent oversight,
institutional capture and collusion with illegal actors become likely. Evidence of staged
encounters, planting of evidence, and police impunity supports this lens.
Human rights & transitional justice lens: Given scale and patterns, international mechanisms
(e.g., ICC) and transitional-justice remedies (truth, reparations, institutional reform) are
appropriate complements to domestic remedies.
7. (Examples & Real-life Challenges) — short cases
Kian delos Santos (2017) — a high-profile extrajudicial killing captured on CCTV; three
police officers were later convicted (2018). The case catalyzed outrage and showed
accountability is possible but exceptional.
Data politics (2019) — government launched #TheRealNumbersPH to contest NGO
higher death-toll estimates; this demonstrated how institutional actors shape facts and
public perception to avoid scrutiny.
VII. Conclusion
The Duterte administration’s “war on drugs” combined a politically powerful narrative that
dehumanized suspected drug users (especially the poor) with institutional policies and policing
practices that produced thousands of deaths and deep social harm. While a small number of
domestic convictions occurred, the overall pattern indicated systemic impunity and weak
domestic accountability — prompting international scrutiny (UN, ICC). The case demonstrates
how political narrative and incentives can transform policing from a rule-bound public service
into an instrument of lethal exclusion when oversight is weak and public consent is
manufactured.
9. Recommendations
(organized, actionable, policy-oriented)
A. Immediate/short term
1. Independent, well-resourced national inquiry / truth-seeking into drug-related EJKs
(mandated subpoena power, victim participation, forensic capacity). (CHR + international
technical support.)
2. Targeted prosecutions: strengthen prosecutorial independence to pursue credible cases
beyond isolated convictions; protect witnesses and families; expedite key cases.
3. Victim reparations & social support: set up efficient compensation and psychosocial
programs for families and children of victims.
B. Institutional reforms
4. Police reforms: revise incentive structures (no “body-count” metrics), mandatory body-worn
cameras, independent civilian oversight boards with disciplinary powers, transparent operation
reporting.
5. Data transparency & independent monitoring: establish a public, independent database of
all drug-related deaths, with cause of death, official classification, and judicial/prosecutorial
status to improve accountability and reduce information manipulation.
C. Policy & public health
6. Shift from punitive to public-health approaches: invest in harm-reduction, treatment,
poverty-alleviation and alternatives to incarceration for low-level drug offenses.
D. International & legal
7. Cooperate with credible international mechanisms while safeguarding due-process: accept
technical assistance for investigations, forensic capacity, and trial support. Where domestic
capacity is insufficient, support ICC/UN processes as complementary avenues for justice.
References / Sources (APA 7)
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