“Just Following Orders” Is Dead: How the Hague Just Turned Tokhang’s Finest Into International Fugitives

Bato, Bong Go & the Gang of Eight: How Loyalty to Digong Bought Them an Arrest Warrant Souvenir

By Louis ‘Barok‘ C. Biraogo — February 22, 2026

MGA ka-kweba, crawl out from under your rocks because the circus has finally come to town – and this time, the clowns are wearing orange jumpsuits in The Hague. Thirty thousand dead Filipinos later (give or take a few thousand, depending on who’s counting and who’s burying the evidence), the International Criminal Court (ICC) has dropped a lesser-redacted charge sheet that’s less “redacted” and more “holy shit, they actually named names.” Rodrigo Duterte, our former Punisher-in-Chief, is the “main suspect.” And tagging along as co-perpetrators? Eight of his most loyal lapdogs: Bato dela Rosa, Bong Go, Vitaliano Aguirre II, Vicente Danao, the late Camilo Cascolan (death apparently being the only reliable getaway car), Oscar Albayalde, Dante Gierran, and Isidro Lapena.

The best part? The ICC just told every trigger-happy cop in the country: “Just following orders” won’t save you. Not when the orders were “kill them all and plant a gun later.” Oh, the sweet, sweet sound of impunity cracking like an eggshell under a tank.

***“From ‘Just Following Orders’ to Just Orange Jumpsuits: The Tokhang Fugitive’s Guide to ICC Fashion”***

The Charges, Stripped Naked and Ugly

Forget the propaganda reels of “nanlaban” heroes. The ICC’s Document Containing the Charges alleges crimes against humanity – murder (Article 7(1)(a), Rome Statute of the International Criminal Court) – committed as part of a widespread and systematic attack on civilians from November 1, 2011, to March 16, 2019. That’s Duterte’s Davao Death Squad playbook exported nationwide: Oplan Tokhang, Oplan Double Barrel, the whole murderous franchise.

Prosecutors call it a “national network” – cash bounties from ₱50,000 to ₱1 million per “high-value target,” promotions for body counts, routine planting of guns and drugs to justify the carnage. Victims weren’t just pushers; they were poor bastards who couldn’t pay protection or pissed off the wrong barangay captain. And the official line? “Nanlaban.” Translation: the corpse resisted arrest so hard it forced police to shoot him ten times in the back.

If this isn’t a state policy of extermination dressed up as law enforcement, then I’m the Pope.

Legal Framework: Why Withdrawal Was a Tantrum, Not a Get-Out-of-Jail-Free Card

Duterte’s fan club still screams “sovereignty!” like it’s a magic spell. Cute. Let’s autopsy the Rome Statute they love to hate.

Article 127(2): Withdrawal doesn’t wipe the slate clean. You don’t get discharged from obligations arising while you were a State Party, and the ICC keeps jurisdiction over any matter already under consideration. The Philippines ratified in 2011, withdrew effective March 17, 2019. Guess what? The killings happened mostly before that. Preliminary examination started in 2018. Investigation authorized in 2021. Tough luck.

Article 28: Command responsibility. Superiors are liable if they knew (or should have known) about subordinates’ crimes and did nothing to stop or punish them. “Just following orders”? Article 33 says that’s a defense only if the order wasn’t manifestly unlawful and you had no moral choice. Summary execution of unarmed suspects? Pretty goddamn manifestly unlawful.

Article 25(3)(a): Indirect co-perpetration. Duterte and his eight merry men shared a common plan, exercised joint control over the apparatus, and pulled the levers together.

But wait, we’re Filipinos – we have our own laws too. Republic Act No. 9851 domesticates these exact crimes. Sections 4-6 define crimes against humanity mirroring Article 7. Command responsibility included. We could prosecute these bastards at home, but someone was too busy shielding them.

The 1987 Constitution of the Republic of the Philippines adopts international law as part of the land’s law (Article II, Section 2). Bill of Rights: right to life, due process, presumption of innocence – all allegedly violated on an industrial scale.

The Philippine National Police (PNP)‘s own Republic Act No. 6975 and Ethical Standards? Explicitly forbid extrajudicial killings. Superior orders are no justification when human rights are on the line.

And the Supreme Court in Pangilinan v. Cayetano (G.R. No. 238875)? Upheld the withdrawal, sure. But in obiter dicta – those delicious asides judges drop when they’re feeling chatty – the Court noted that withdrawal doesn’t erase ICC jurisdiction over pre-withdrawal crimes. Obiter or not, it’s been cited by the ICC itself. Sovereignty warriors, meet your own Court’s quiet middle finger.

Bottom line: the legal shield these guys wrapped themselves in was made of tissue paper and bravado.

Argument Autopsy: Everyone’s Wrong, Some More Than Others

The Prosecution’s Case: Systematic attack? Check. State policy? Check. Chain of command from Malacañang to the streets? Check. Cash incentives and planted evidence? Documented. If 6,000-30,000 dead isn’t crimes against humanity, then the term is meaningless. The ICC’s argument is airtight: this wasn’t rogue cops; this was policy.

Duterte & Co’s Defense: Sovereignty violated! Withdrawal ended jurisdiction! It was legitimate policing against armed criminals! Nanlaban was real! We reduced crime!

Reality check: Withdrawal doesn’t retroactively erase crimes. Crime rates? Sure, they dropped – fear is a hell of a deterrent when the state is the biggest syndicate. And “nanlaban”? When every corpse magically has a .38 beside it, that’s not self-defense; that’s stage direction.

The Cops’ Bind: “We were just following orders, boss said he’d protect us.” Heartbreaking – if you ignore the Constitution, Republic Act No. 9851, PNP ethics, and basic humanity. Moral cowardice dressed as duty. Nuremberg settled this in 1945: following unlawful orders is still a choice.

No one gets a pass.

Motivation Muckraking: Everyone’s Hands Are Dirty

The ICC: Noble defenders of justice? Partly. But let’s be real – they love a high-profile scalp. A former head of state in the dock? That’s legacy gold. Filipino corpses are just the ticket price.

Marcos Jr. Administration: Strategic genius or cynical opportunists? They arrested Duterte in 2025, surrendered him, but still mouth “non-cooperation” for the cameras. Why? The Duterte-Marcos feud is legendary – Sara’s vice presidency turned sour, 2028 looms. Neutralizing Bato and Bong Go (sitting senators, DDS diehards) clears the field beautifully. Justice as electoral chemotherapy.

Duterte & His Eight: Anti-drug crusaders? Please. This was power consolidation, fear as governance, and old Davao habits scaled up. Legacy protection now means screaming “kidnapping” while lawyering up.

Human Rights Groups: Genuine advocates for the poor who got butchered? Absolutely. But some are happy to ride Western funding and narratives that paint us as a failed state needing white knights. Convenient.

No heroes here, just varying degrees of opportunism.

What Happens Next: The Menu of Maybes

ICC Options: Confirm charges (hearing starts February 23 – Duterte’s skipping it, health reasons or stalling, take your pick). Issue warrants for the eight. Proceed to trial – possibly expand the list.

Philippine Government: Cooperate quietly (they already surrendered Digong). Obstruct publicly for nationalist points. Or – wild idea – prosecute domestically under Republic Act No. 9851 and steal the ICC’s thunder.

The Accused: Fight jurisdiction forever (appeals pending). Seek political protection (Senate privileges for Bato and Bong?). Cut deals (unlikely – pride is thick).

Resolutions: Convictions and sentences. Acquittals if evidence falters. Political settlement (Marcos pardon?). Most likely: long, messy trial with partial wins for victims.

Impacts: Who Wins, Who Loses, What Breaks

PNP Culture: “Following orders” as a defense might finally die. Good cops breathe easier; bad ones sweat. Reforms could stick – or just create new ways to fake compliance.

Political Stability: Polarization on steroids. DDS rallies vs. human rights marches. 2028 becomes a referendum on Tokhang’s ghost.

Sovereignty: Cooperating doesn’t weaken us – it shows maturity. Defiance just isolates us from allies who matter.

Future Leaders: Deterrence works. The next would-be strongman might think twice before turning the state into a killing machine.

Name Names, Pour Acid

Bato dela Rosa: From “The Rock” to “The Accused.” How’s that tough-guy legacy tasting now, Senator? Rock crumbles eventually.
Bong Go: Mr. “Masakit sa Tenga” because truth hurts. Your loyalty bought you a Hague mention. Worth it?
Vitaliano Aguirre II: Justice Secretary who weaponized injustice. Karma’s docket is full, sir.
Vicente Danao, Oscar Albayalde, the late Camilo Cascolan: PNP chiefs who turned badge into license to kill.
Dante Gierran, Isidro Lapena: NBI and PDEA heads who made bureaucracy murderous.

Supporting cast in a national tragedy. Curtain’s falling.

Justice – But the Real Kind

Not revenge. Accountability.

Not foreign domination. Fidelity to laws we wrote ourselves – 1987 Constitution, Republic Act No. 9851, our own damn conscience.

Not destroying the PNP. Purging the rot so good cops can do their jobs without blood on their hands.

Not erasing Duterte’s popularity. Refusing to let popularity erase 30,000 dead.

Recommendations? Simple:

Marcos: Prosecute the eight domestically under Republic Act No. 9851. Show the world we can clean house.
Congress: Fund victim reparations, no questions asked.
PNP: Mandatory human rights training, body cams, independent oversight.
SC: Rule clearly – international obligations bind us when we sign them.

Closing Dagger

For years we told ourselves that safety required trading humanity for corpses. That strongmen get results. That “just following orders” was patriotism.

The Hague just proved we’re not a banana republic where presidents play God.

Thirty thousand ghosts are watching.

Time to pay the tab.

The cave remains open. Bring your torches, your outrage, and leave your excuses at the door.

– Barok