Philippines asks ICC prosecutor to defer drug war probe

MANILA, Philippines — The Philippines has formally asked the prosecutor of the International Criminal Court (ICC) to defer its investigation on alleged crimes against humanity committed in relation to the government’s deadly war against illegal drugs.

In a six-page letter dated Nov. 10 and released last night, Philippine Ambassador to the Netherlands Eduardo Malaya told ICC prosecutor Karim Khan that the judicial system of the country remains alive and functioning.

“In accordance with the principle of complementarity under which the Court operates, the Philippine government has the first responsibility and right to prosecute international crimes,” read the letter.

“The Court may only exercise jurisdiction where national legal systems fails to do so, which certainly is not the case in the Philippines… the domestic institutions in the Philippines are fully functional and more than adequate to address the issues and concerns raised,” it added.

Malaya said the Philippine government is thoroughly investigating all reported deaths during anti-narcotic operations in the country.

He also cited the latest review of the Department of Justice (DOJ), including the release of an information matrix on 52 cases where administrative liability was found on the part of law enforcement.

“These cases are to undergo further investigation and case build-up for the possible filing of criminal charges against erring PNP (Philippine National Police) members,” Malaya said.

The 52 cases, said Malaya, signal the start of the DOJ’s review of over 6,000 administrative cases in the dockets of the PNP Internal Affairs Service.

The letter was in response to the official notification sent by the ICC prosecutor to the Philippine government regarding the probe.

In response, Khan said that they have temporarily suspended its investigative activities while it assesses the deferral request of the Philippine government.

“The prosecution will, however, continue its analysis of information already in its possession, as well as of any new information it may receive from third parties, and actively assess the need for applications to the Pre-Trial Chamber for authority to conduct necessary investigative steps for the preservation of evidence,” read the notification he submitted to the ICC pre-trial chamber.

Last September, the ICC prosecutor secured the authority of the ICC pre-trial chamber judges to conduct an investigation on the alleged crimes against humanity committed in the Philippines in connection with the government’s deadly war against illegal drugs.

The investigation will also cover the killings in the Davao area between Nov. 1, 2011 to June 30, 2016, when President Duterte was occupying local posts in Davao City.

Khan vowed to conduct an independent and impartial investigation on the matter. “My investigation will seek to uncover the truth and aim to ensure accountability. We will focus our efforts on ensuring a successful, independent and impartial investigation,” he said in a statement last October.

Last month, Philippine permanent representative to the United Nations Enrique Manalo said the ICC should allow the government to finish the review of drug war cases before conducting the investigation.