A UNION of Mindanawon lawyers supports the move of the International Criminal Court (ICC) to resume the investigation of the killings in the Philippines related to the controversial drug war of former President Rodrigo Duterte.
"The Union of Peoples’ Lawyers in Mindanao (UPLM) expresses its PROFOUND appreciation for the recent ruling of the International Criminal Court (ICC) Appeals Chamber, granting Prosecutor Karim Khan the authorization to proceed with his investigation into alleged human rights violations related to Rodrigo Duterte's [bloody] war on drugs," the UPLM said in a statement.
According to them, the ICC ruling serves as a "strong reminder" that the state government "may attempt to use procedural remedies to delay justice, [yet] the day of [reckoning and accountability] will inevitably come."
Seeking accountability for thousands of lives lost would be an essential step toward ending the climate of impunity in the country, the group added.
"Having experienced the GRAVE loss of loved ones in what were referred to as "nanlaban" police operations or ‘vigilante’ [death squad] killings, which have also claimed the lives of members of the legal profession, Mindanao shares a deep desire for justice and accountability," UPLM said.
"We must not overlook the significance of this ruling and recognize that if governments like the Philippines ONLY sincerely adhere to the implementation of domestic laws AND ADVANCE THE PROMOTION AND PROTECTION OF human rights, the intervention of international bodies LIKE THE ICC may not be necessary AT ALL," they added.
The Mindanao-based union said they will "support and fully cooperate" with the ICC "in the pursuit of justice for the countless lives lost and their grief-stricken families."
"Seeking accountability is an essential step towards ending the climate of impunity for human rights violations in the Philippines," the union said.
The group is also urging the administration of President Ferdinand "Bongbong" Marcos Jr. "to demonstrate unwavering commitment to human rights and the fight against impunity by faithfully adhering to its international legal obligation to cooperate with the court’s investigation."
"This is an opportune moment for former President Rodrigo R. Duterte and his co-accused to demonstrate their resolve and face the ICC, cooperating fully to establish the truth AND TO SERVE THE ENDS OF JUSTICE," UPLM said.
Three out of five ICC judges rejected the appeal of the Philippine government where it argued that the ICC cannot exercise jurisdiction over the Philippine situation because it has withdrawn membership from the Rome Statute.
“The Majority considered that this issue was not properly raised before the Pre-Trial Chamber and that the Impugned Decision does not constitute a ‘decision with respect to jurisdiction’,” the court said.
“The Majority also found that the Philippines failed to show instances in which the Pre-Trial Chamber allegedly applied the wrong admissibility threshold or standard and that, given its conclusion on the Philippines’ inactivity with regard to the relevant crimes, it was correct for the Pre-Trial Chamber not to consider the issue of the Philippines’ willingness and ability to investigate,” it added.
This decision of the ICC has left the Philippines without any more recourse for further appeal.
Prosecutor Karim Khan, who will continue the probe, may seek issuance of arrest warrants or summons against various individuals behind the drug war depending on the evidence he will be able to gather.
Justice Secretary Jesus Crispin Remulla earlier said that the country will not comply with issuances of the ICC, including arrest warrants.
On June 14, 2021, then outgoing ICC prosecutor Fatou Bensouda asked ICC judges for approval for the conduct of an official investigation on the alleged crime against humanity or murder in the country covering the period of November 1, 2011 to March 16, 2019.
Duterte was the mayor of Davao City from 2011 before he was elected as president of the Republic in 2016.
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, which was launched when Duterte took office.
Duterte ordered the withdrawal of the Philippine’s membership to the Rome Statute, which established the ICC, in March 2019.
Families of drug war victims, as well as various human rights groups in the country welcomed the ICC decision to resume the probe in the country. (RGL with reports from SunStar Philippines)