THE International Criminal Court (ICC) Appeals Chamber has rejected the Philippine government’s request for the suspension of the probe into the killings in the country related to the drug war of the former administration of President Rodrigo Duterte.
“The Appeals Chamber rejects the request of the Republic of the Philippines for suspensive effect of the aforementioned decision of Pre-Trial Chamber I,” read the decision released by the ICC Appeals Chamber late Monday night, March 27, 2023.
The decision was in response to the appeal of the Philippine government submitted by the Office of the Solicitor General (OSG) to suspend and reverse the ruling authorizing the resumption of the investigation by the ICC prosecutor over the alleged crime against humanity of murder in the country amid Duterte’s crackdown against illegal drugs.
The ICC Appeals Chamber said the Philippines did not provide reasons to support the request “nor has it demonstrated that the implementation of the Impugned Decision would create an irreversible situation or one that would be difficult to correct.”
“Secondly, the Appeals Chamber observes that apart from merely referring to ‘far-reaching and inimical consequences’ or implications of the Prosecutor’s activities on suspects, witnesses and victims,27 the Philippines fails to provide any explanation as to what those implications may be and how the broad scope of the Prosecutor’s investigation at this stage of the proceedings would lead to consequences that ‘would be very difficult to correct and may be irreversible’,” the decision stated.
“Lastly, the Appeals Chamber notes that as far as national investigations are concerned, the Philippines is in a position to continue its investigations irrespective of the ongoing proceedings before the Court,” 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 on the alleged crime against humanity of murder in the country covering the period of November 1, 2011 to March 16, 2019.
The former administration said the move to probe the drug war was politically motivated.
From July 2016 to May 31, 6,252 individuals were killed in the drug war.
Duterte ordered the withdrawal of the Philippine’s membership to the Rome Statute, which established the ICC, in 2019.
President Ferdinand “Bongbong” Marcos Jr. said the ICC has no jurisdiction over the country.
Marcos said he cannot cooperate with the ICC as long as the questions of jurisdiction and the probe’s effect on the sovereignty of the Philippines “are sufficiently answered.” (SunStar Philippines)