ICC’s probe on Philippines drug war to proceed

Philippine government appeal rejected by international court

MANILA, Philippines — The investigation into thousands of killings and human rights abuses allegedly committed during former president Rodrigo Duterte’s war on drugs will proceed after appeals judges at the International Criminal Court (ICC) rejected yesterday an attempt by the Philippines to stop the probe.

“It is rejected by the Appeals Chamber. The impugned decision is therefore confirmed,” Presiding Judge Marc Perrin de Brichambaut announced during an open court session in The Hague.

The Philippine government, represented by Sarah Bafadhel and Philippine Ambassador to The Hague Eduardo Malaya, was appealing the Jan. 26 decision of the ICC Pre-Trial Chamber I, which granted the request of ICC chief prosecutor Karim Khan to proceed with the preliminary investigation into the Philippines’ drug war.

The probe covers killings committed from July 1, 2016 to March 16, 2019. Also included were so-called Davao death squad murders between Nov. 1, 2011 and June 30, 2016 when Duterte was either the mayor or vice mayor of Davao City.

In March 2018, the Philippines officially withdrew from the Rome Statute that established the ICC, but prosecutors noted that the international court still has legal jurisdiction over the drug-related killings.

Hannah Neumann, vice chair of the Subcommittee of Human Rights and member of the European Parliament, said although no prosecutors can enter the Philippines if they are not allowed, the ICC could not be denied access to witnesses.

In its appeal, the Philippines sought the reversal of the ICC decision based on four grounds: jurisdiction, burden of proof, admissibility and gravity of the situation.

Majority of the five-member Appeals Court ruled that the Pre-Trial Chamber I did not err in its decision allowing the prosecutor to proceed with the probe.

According to Brichambaut, he and fellow judge Gocha Lordkipanidze dissented on the ruling, particularly on the issue of jurisdiction.

In February, the European Parliament said allowing the ICC to investigate the Philippines’ war on drugs is the “perfect way” to cooperate and demonstrate human rights commitment.

OSG Disappointed

The Office of the Solicitor General (OSG) yesterday expressed disappointment over the ICC’s decision to reject the Philippine government’s appeal against the resumption of the court’s investigation into the killings in Duterte’s war on drugs.

At a press conference, Assistant Solicitor General Myrna Agno-Canuto, who heads the OSG’s war on drugs task force, said that by rejecting the government’s appeal, the ICC’s Appeals Chamber “in effect refused to recognize the Philippine government’s primary and sovereign right to investigate serious crimes.”

“(This is) in derogation of the complementarity principle so fundamental to the working of the international criminal justice system of which the ICC forms part,” Agno-Canuto added.

The assistant solicitor general lamented that the Appeals Chamber’s majority “conveniently brushed aside” the internal investigation and prosecution activities undertaken by the government in relation to the anti-illegal drug campaign.

“Worse, they refused to consider the Philippines’ jurisdictional challenge on the ground that the impugned decision of the Pre-Trial Chamber is not a decision on jurisdiction,” she said.

The Chamber’s minority, which included the presiding judge, found that the Philippines’ withdrawal before the ICC’s authorization was requested and secured “was a valid exercise of a state prerogative and divests the court of jurisdiction,” according to Agno-Canuto.

“The majority decision does not alter the fact that the Republic, through its various national and local agencies, remains fully committed to the internal investigation and prosecution of allegations connected to the anti-illegal drug campaign. The Philippine government will not be deterred by today’s outcome,” the OSG said.

Solicitor General Menardo Guevarra earlier said the Philippine government would no longer appeal the decision of the ICC.

Bato: Let them find me

Sen. Ronald Dela Rosa vowed not to hide from possible arrest amid the continuation of the ICC probe on alleged extrajudicial killings when he was Duterte’s national police chief.

“I am neither surprised, concerned nor worried. Let them find me. I am just here in the Philippines,” Dela Rosa said.

He is confident the ICC cannot enforce his arrest in the Philippines as the government does not recognize the ICC’s jurisdiction over the case following the country’s withdrawal from the Rome Statute.

Prior to Duterte’s meeting with Chinese President Xi Jinping on Monday, Dela Rosa said the former leader told him not to worry about the ICC proceedings.

Senate President Juan Miguel Zubiri assured Dela Rosa of protection amid the legal troubles he is facing.

“He will always be accorded the protection of the Senate unless he is proven guilty,” Zubiri said.

“Unless there’s an actual warrant of arrest in a local court, we cannot physically give him up, especially during session days,” he added.

Zubiri expressed confidence the country has a functioning justice system, echoing the Office of the Solicitor General (OSG)’s position that there is no need for an ICC probe.

Sen. Bong Go maintained that the ICC has no business meddling in the country’s internal affairs.

“Our courts remain functional and free from political interferences. Probes into the war on drugs are being conducted by competent authorities,” Go said. “Filipinos should be judged by fellow Filipinos before courts operating under Philippine laws.”

Under the drug war, at least 6,200 suspects were killed in police operations based on government records. Human rights groups, however, said the actual death toll could be from 12,000 to 30,000.

Ruling hailed

Various groups have welcomed the decision of the ICC Appeals Chamber.

“The ICC appeals judges’ ruling marks the next step toward justice for victims of drug war killings and their families,” said Bryony Lau, deputy Asia director at Human Rights Watch.

“The Marcos administration should back up its stated commitment to human rights and the fight against impunity by following through on its international legal obligation to cooperate with the investigation,” she added.

Distilled of “erudite legalese,” Edre Olalia, transitional president of the International Association of Democratic Lawyers, said the ICC decision only means one thing for the victims: “Let there be justice even though the pseudo gods fall.”

Families of those who died in the drug war gathered to watch the livestream of the ICC ruling.

The National Union of People’s Lawyers (NUPL) said victims and their advocates are ready to cooperate in the probe even if the government refuses to hand over documents and give interviews to ICC prosecutors.

“Oriented on how the ICC works, the families hope that this moves us closer to justice. They look forward to the ICC indicting the ‘most responsible’: the masterminds and administrators of a cruel and criminal government policy that targeted killing thousands of poor people,” the NUPL said.

“From the bereavement of losing a loved one during a so-called ‘nanlaban’ police operation or a ‘vigilante’ killing comes a deep desire for justice and accountability,” the group added.

Renato Reyes, secretary general of Bagong Alyansang Makabayan, expressed hope that the victims will achieve justice in due time.

“It is time for Marcos and the Philippine government to stop invoking sovereignty every time those in power wish to escape accountability under our international treaty obligations, especially for gross human rights violations and crimes against humanity,” he said.

“It seems that when it comes to the question of human rights accountability, the current administration does not try to conceal how very much the same it is to the previous regime,” Reyes added.

Cristina Palabay, secretary general of rights group Karapatan, said it is high time the ICC investigation proceeds without a hitch so the drug war victims can get justice.

Labor coalition Nagkaisa also lauded the ICC ruling.

“The ICC probe is not an invasion, but an essential move toward achieving justice and accountability,” the group said in a statement. “We should not view the ICC as an enemy, but as an international partner with a shared goal: to uphold human rights and deliver justice where it is due.” — Daphne Galvez, Marc Jayson Cayabyab, Emmanuel Tupas, Neil Jayson Servallos, Mayen Jaymalin, Cecille Suerte Felipe