With a new ICC prosecutor, lawyers of 'drug war' victims kin hope for investigation into Duterte
MANILA, Philippines — Lawyers representing victims of President Rodrigo Duterte’s bloody “drug war” are pinning their hopes on International Criminal Court prosecutor Karim Khan that calls for an investigation into crimes against humanity against Duterte and his men will be prioritized.
As they make a last appeal to outgoing ICC Prosecutor Fatou Bensouda, lawyer Neri Colmenares said they believe Khan will maintain the tenets of respect, protection and promotion of human rights. “We trust in his objectivity assessment of case and that he will rule on this case on the merits before the ICC,” he added.
On Monday, the National Union of Peoples’ Lawyers assisted the families of “drug war” victims and sectoral group Rise Up in filing their fourth supplemental communication to the international tribunal. A day before Bensouda ends her mandate, the groups appealed for an investigation into alleged crimes against humanity in the country and for the issuance of an arrest warrant against Duterte.
Colmenares, NUPL chairperson, noted that since they filed their second supplemental communication to June 14, the number of “drug war” victims rose by 600.
“There is a need to prioritize because there is still an increase, escalation of killings unless the ICC steps in,” Colmenares said.
Conti, who is also representing families of victims in domestic cases, noted that Khan “has the capability to handle these cases.”
She noted that the incoming ICC prosecutor is currently the assistant secretary-general of the United Nations and has previously litigated in international humanitarian law and international criminal law cases.
“As assistant secretary general, we understand that he is part of the investigation committee into war crimes in Iraq. So this is really his specialty and I think he will be in a great position as prosecutor of the ICC to appreciate evidence we already submitted to the court,” Conti added.
Bensouda launched a preliminary examination into the alleged extrajudicial killings in the context of the government’s anti-drug crackdown in February 2018, leading to the withdrawal of the Philippines from the Hague-based body.
A preliminary examination determines if an alleged crime falls within the court’s jurisdiction and if a full-blown probe is needed.
If Bensouda concludes that there is a reasonable basis to proceed with an investigation, the next step would be to submit to the Pre-Trial Chamber permission to open an investigation, together with any supporting material collected.
In December 2020, she said the ICC’s chief prosecutor’s decision on whether it will seek authorization to launch an investigation into the alleged extrajudicial killings in the country in the first half of 2021.
Since then, the Philippine government launched a high-profile panel review of police “drug war” operations that resulted in deaths, headed by Justice Secretary Menardo Guevarra. The panel figured significantly in the resolution of the 47-member UNHRC in October that sought for capacity building and technical assistance to improve the human rights situation in the Philippines.
In its initial report, the panel found that in more than half of the operations, police failed to follow standard protocols. No full examination of the recovered weapon or ballistic examination was also conducted.
But in Rise Up’s latest filing before the ICC, they stressed that “to date, there has been no responsive action, particularly, prosecution efforts from either the Office of the President, DOJ or the PNP.” — Kristine Joy Patag with reports from Gaea Katreena Cabico
President Rodrigo Duterte says the controversial drug war will continue until the last day of his term, with or without a communication filed at the International Criminal Court.
Duterte: It does not mean that there are dead persons we will stop the campaign against drugs @PhilippineStar @PhilstarNews
— Alexis B. Romero (@alexisbromero) February 26, 2018
The ICC recently announced that it has begun processing the accusations against Duterte and his campaign against illegal drugs, which has led to the killing of thousands of people since he assumed power in June 2016. — Photo of the ICC building by AP/Peter Dejong
Vice President Sara Duterte issues a curt response to the ICC’s decision to resume its probe on the drug war killings under her father former President Rodrigo Duterte: “No Comment.” — Cristina Chi
The Philippine Coalition for the International Criminal Court (PCICC) expresses its elation over the recent decision of the International Criminal Court (ICC) Appeals Chamber, which firmly rejected and dismissed the Philippine government's appeal to halt the investigation into the Philippine situation.
"We have been waiting for this decision. The families of victims of the war on drugs have long been waiting for justice," the PCICC says.
"As of now, many of the victims and families who suffered and continue to suffer due to the brutal war on drugs pin their hopes on the ICC as the only credible venue for justice," it adds.
A human rights group has expressed its satisfaction with the recent decision of the International Criminal Court (ICC) to reject the Philippine government's attempt to halt the investigation into drug war-related killings in Davao City and during former President Rodrigo Duterte's regime.
"It is high time that the ICC investigation proceeds without a hitch so that the victims of Duterte’s bloody anti-drug war can finally tread the road towards justice and accountability," Karapatan says.
"There is urgent need for international mechanisms such as the ICC to come in because all domestic investigation mechanisms presented by the Duterte and the current Marcos regimes in response to calls for justice and accountability are ineffective and only meant to window-dress the current dire human rights situation," it adds.
International Criminal Court Appeals Chamber rejects Philippine government's appeal, allowing the resumption of the investigation into alleged crimes against humanity committed in relation to the so-called drug war and Davao death squad killings. — The STAR/Janvic Mateo
President Ferdinand “Bongbong” Marcos Jr. says the Philippines “cannot cooperate” with the International Criminal Court as he raised “questions about their jurisdiction and about what we consider to be interference and practically attacks on the sovereignty of the republic.”
With the rejection of the ICC’s Appeals Chamber of the Philippines’ request to suspend probe into “war on drugs,” Marcos says “that ends all pur involvement with the ICC.” — The STAR/Alexis Romero
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