Philippines drug war still under examination, ICC says

THE HAGUE – International Criminal Court (ICC) prosecutor Fatou Bensouda is continuing with her preliminary examination of the Duterte administration’s so-called war against illegal drugs despite the country’s withdrawal from the treaty that created the tribunal.

Speaking before over 1,800 delegates at the One Young World last Saturday, Bensouda cited the case in the Philippines as among those currently being handled by her office.

“My office as the court’s engine is increasingly delivering on its mandate as we are currently examining atrocity crimes from all corners of the globe. From Ukraine, Nigeria, Colombia and Venezuela, to the Philippines, Palestine and Iraq, just to name a few,” she said.

“I have asked the ICC judges for authorization to investigate in Afghanistan and we are progressing in the collection of evidence of alleged crimes in the Central African Republic, in Georgia and in Burundi,” she added.

Bensouda said they are also building prosecution cases in Libya, Uganda and Côte d’Ivoire, and are pushing for convictions for perpetrators of alleged atrocity crimes in Democratic Republic of Congo and in Mali. 

“Sixteen warrants of arrest are pending against individuals who are believed with reasonable grounds to have committed Rome Statute crimes,” she added, referring to the international treaty that created the ICC.

The office of the ICC prosecutor has declined a request for interview on the status of the preliminary examination on the Philippines but, in an earlier statement, Bensouda said the examination of the situation in the Philippines will analyze crimes allegedly committed in the context of the war on drugs implemented by the Duterte administration.

“Specifically, it has been alleged that since 1 July 2016, thousands of persons have been killed for reasons related to their alleged involvement in illegal drug use or dealing,” she said in an advisory in February. “While some of such killings have reportedly occurred in the context of clashes between or within gangs, it is alleged that many of the reported incidents involved extrajudicial killings in the course of police anti-drug operations.”

The announcement prompted the Philippine government to withdraw from the treaty, with Duterte repeatedly stating that he will not allow the ICC to place him under its jurisdiction. In a statement in March, Bensouda said the ICC retains its jurisdiction over crimes committed during the time in which a state was party to the Rome Statute.

“A preliminary examination is not an investigation. It is an initial step to determine whether there is a reasonable basis to proceed with an investigation. Specifically, under Article 53(1) of the Rome Statute, the Prosecutor must consider issues of jurisdiction, admissibility and the interests of justice in making this determination,” she said.

“In the independent and impartial exercise of its mandate, the Office of the Prosecutor will also give consideration to all submissions and views conveyed to it during the course of each preliminary examination, strictly guided by the requirements of the Rome Statute,” added Bensouda.