THE Pre-Trial Chamber I (PTC) of the International Criminal Court (ICC) announced that it has decided to authorize a formal investigation into the violence against humanity filed against President Rodrigo Duterte.
“Today, on 15 September 2021, the Pre-Trial Chamber I of the International Criminal Court (“ICC” or “Court”) granted the Prosecutor’s request to commence an investigation in relation to crimes within the jurisdiction of the Court allegedly committed on the territory of the Philippines between 1 November 2011 and 16 March 2019 in the context of the so-called ‘war on drugs’ campaign,” the ICC wrote in a statement.
The Hague-based tribunal claimed that there exists “a widespread and systematic attack against the civilian population” as the emerging facts at hand—which are subject to their further study and analysis—prove that the war on drugs can hardly be taken as a legitimate law enforcement operation.
The Chamber also emphasized that the killings committed within the drug war period in the Philippines are “neither legitimate nor mere excesses in an otherwise legitimate operation“—a reasonable basis to continue the scrutiny.
ICC Judge Péter Kovács, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge María del Socorro Flores Liera reviewed and signed the order to delve on the administration’s war on drugs which consists of corroborating proofs in favor to at least 204 victims.
The investigation will not only cover the killings across the country which occurred between July 1, 2016 and March 16, 2019 in the pursuit of the drug war campaign.
According to PTC, crimes against humanity between November 1, 2011 and June 30, 2016 involving the Davao Death Squad (DDS) will moreover be examined.
Upon former ICC prosecutor Fatou Bensouda’s “public redacted version” request on June 14, 2021, the Chamber has greeted the conduct of investigation. However, due to his retirement, his successor Prosecutor Karim Khan will now be in charge of the official investigation and its potential case trial.
With the scarcity of present evidence, arrest warrants and summons against suspects may be issued should Khan appeal for it.
Receiving the news, Duterte in early June has stressed that the call to look into his drug war campaign is a complete nonsense, even threatening to slap those associated with the probe order.
Presidential legal counsel Salvador Panelo, on Thursday has reiterated that the Palace will not cooperate on the matter and insisted that ICC has no jurisdiction over the country to materialize an investigation.
“Nilalabag nila ang ating karapatan, (they are violating our rights) that’s interference into our domestic affairs,” Panelo, who is a lawyer, said in a televised interview.
The legal counsel defended that the Philippine judicial system is “healthy” and that all cases are filed with due process.
Panelo also pointed out that the country has long been removed as a State party from the treaty that built the ICC, standing firmly on his statement that the magistrates will be prohibited to enter the country for their investigation.
The Philippines issued its written notification to detach its affiliation from the Rome Statute on March 17, 2018 which took effect exactly a year after.
The ICC said it only retains the authority to probe alleged crimes which happened when the Philippines was still recognized as a State party of the Statute. However, the country’s withdrawal has eventually restricted the Chamber to investigate further relevant crimes, hence the limitation of evidence.
(PHOTO CREDIT: news.un.org)