THE Department of Foreign Affairs (DFA) on Tuesday, June 15, 2021, said the government found the International Criminal Court (ICC) prosecutor’s request to open an investigation into the drug war killings in the Philippines “deeply regrettable.”
In a statement, the DFA said the government has already taken “concrete and progressive steps” to address human rights concerns in relation to the war on drugs.
The DFA cited the creation of an Inter-Agency Review Panel that was tasked to reinvestigate the killings should be allowed to finish its work. The panel is headed by the Department of Justice (DOJ) Secretary.
So far, the Philippine National Police (PNP) has granted the DOJ access to 52 records of cases with findings by the PNP Internal Affairs Service of administrative or criminal liability on the part of policemen.
DOJ Secretary Menardo Guevarra, in a statement in June 11, also said they have received 107 case files from the Philippine Drug Enforcement Agency (PDEA) for review.
At the same time, Guevarra said the DOJ was monitoring the preliminary investigation and prosecution of 87 criminal cases lodged against over 100 law enforcement personnel over alleged wrongful conduct related to or arising from anti-illegal drug operations.
“The International Criminal Court is a court of last resort. The States Parties to the Rome Statute envisioned a court with a complementary, not primary, jurisdiction for the prosecution of the persons most responsible for the most serious crimes of international concern,” the DFA said.
Under the Rome Statute, the DFA said the ICC and its Office of the Prosecutor should respect and defer to the primary criminal jurisdiction of the concerned State Party while proceedings are ongoing in the latter.
“The precipitate move of the Prosecutor is a blatant violation of the principle of complementarity, which is a bedrock principle of the Rome Statute,” DFA said.
The DFA also noted that the government recently finalized with the United Nations a Joint Program on Human Rights.
“All these affirm the Philippines’ adherence to human rights norms and its long track record of constructive engagement with international and regional partners in human rights promotion and protection,” the DFA said.
The DFA statement was issued in reaction to the announcement of outgoing ICC prosecutor Fatou Bensouda that they have found basis to conduct an investigation into the drug war killings.
She said she has filed a request to open an investigation.
The DFA said Bensouda’s announcement, which was made Monday evening, June 14 (local time), “preempts the prerogative of her successor to make a full evaluation of the cases that he will prosecute.” (Marites Villamor-Ilano / SunStar Philippines)