A PRE-TRIAL chamber of the International Criminal Court (ICC) has granted the request of a prosecutor to resume the conduct of a probe on the alleged crimes against humanity in the Philippines in relation to President Rodrigo Duterte’s crackdown on illegal drugs.
In a statement, the Pre-trial Chamber I of the ICC said it was not satisfied that the Philippines is undertaking relevant investigations, especially on the deaths related to the drug war that would warrant a deferral of its investigations on the basis of the complementarity principle.
“After having examined the submissions and materials of the Philippines Government and of the ICC Prosecutor, as well as the victims’ observations, the Chamber concluded that the various domestic initiatives and proceedings, assessed collectively, do not amount to tangible, concrete and progressive investigative steps in a way that would sufficiently mirror the Court’s investigation,” it said.
“This conclusion does not preclude the Philippines from providing material in the future in order for the Prosecution, or the Chamber, to determine inadmissibility of the investigation or of any actual case, if and when needed,” it added.
On June 14, 2021, then outgoing ICC prosecutor Fatou Bensouda asked ICC judges for an approval for the conduct of an official investigation into the alleged crime against humanity of murder in the country covering the period of November 1, 2011 to March 16, 2019 when Duterte served as the mayor of Davao City and later as the President of the Philippines.
In 2018, following reported intentions by the ICC to probe the country’s drug war, Duterte declared the Philippines’ withdrawal from the Rome Statute that established the ICC.
The chamber authorized the office of prosecutor Karim Khan to conduct an investigation in September 2021 but they deferred the probe roughly after two months following the request of the Philippines, noting that national authorities were investigating or had already investigated the cases.
In July, Khan requested for the resumption of the probe after the government failed to provide any documentation to substantiate that the investigations are ongoing or complete, nor any details regarding concrete investigative or prosecutorial steps that have been taken.
Duterte's Drug war
From July 2016 to May 31, a total of 6,252 individuals were killed in the drug war.
The Department of Justice (DOJ) earlier said it has conducted a probe on the more than 350 cases of drug war-related deaths in the country.
It also released the matrix on 52 cases where operational irregularities on the part of the police were found.
In a television interview, former Philippine National Police (PNP) chief now Senator Ronald dela Rosa, one of the faces of the former administration’s drug war, questioned the motive of the ICC for pushing further the conduct of the probe.
"May motive behind ito. May ibang agenda kung bakit insisting. Merong nagtutulak sa kanila na mag-imbestiga. Baka gustong ibalik ang problema ng droga sa bansa," he said.
(There is a motive behind it. There is another agenda why they insist. Something drives them to investigate. Maybe they want to bring back the drug problem in the country.)
"Hindi nga sila pinapapasok dito para mag-conduct ng imbestigasyon. Go ahead kung anong gusto nilang gawin. Nakakasawa na,” he added.
(They are not allowed in here to conduct an investigation. Go ahead with what they want to do. It's all so tiring.)
In August, President Ferdinand “Bongbong” Marcos Jr. said his administration has no intention of rejoining the ICC.
He also noted that the country’s investigation on the drug war is continuous. (SunStar Philippines)