18-7-2023 (THE HAGUE) The International Criminal Court (ICC) can finally proceed with its investigation into possible crimes against humanity committed during the Philippine government’s controversial “war on drugs” under former President Rodrigo Duterte. The ICC Appeals Chamber denied the Philippine government’s appeal against the Pre-Trial Chamber’s authorization to resume the investigation into the drug killings under Duterte’s presidency and his tenure as Davao City mayor.
The ICC judges confirmed the Pre-Trial Chamber’s earlier decision, paving the way for Prosecutor Karim Khan to continue with his investigation. The ICC’s ruling is a crucial step towards justice for the victims and their families, who have been seeking accountability for the alleged crimes committed during the “war on drugs.” rights groups and families of drug war victims have welcomed the ICC’s latest move. Bryony Lau, Deputy Asia Director at Human Rights Watch, said, “The ICC appeals judges’ ruling marks the next step toward justice for victims of ‘drug war’ killings and their families.”
Khan can now gather evidence during his investigation and seek the issuance of arrest warrants or summonses, potentially against the campaign’s chief architects, including Duterte and his former police chief, now Senator Ronald dela Rosa. However, the ICC faces significant hurdles in securing arrests as it lacks its own police force and must rely on the cooperation of states and the international community to assist in arrests.
The Philippines no longer recognizes the ICC after pulling out of the court in 2019. Still, the tribunal still has jurisdiction over crimes committed while the country was a state party. President Ferdinand “Bongbong” Marcos Jr. has said he will not cooperate with the ICC and called the investigation an interference and attack on the country’s sovereignty. Marcos’ justice secretary, Jesus Crispin Remulla, said on the eve of the ICC ruling that they would not implement a warrant should it be issued by the international tribunal.
The ICC is a “court of last resort” set up in 2002 to probe the world’s worst crimes and steps in and exercises jurisdiction only if countries are unwilling or unable to prosecute offenders. The Philippine government insists that its local courts are functioning well and can exercise jurisdiction over any complaints. However, there have only been two convictions of law enforcers involved in the “drug war,” and corruption has been rife among security forces that acted with impunity. The official number of deaths in Duterte’s “war on drugs” is 6,252, but rights groups claim that up to 30,000 may have been killed, some of them innocent victims.
