ICC probe into 'drug war' can proceed without government cooperation – lawyer
MANILA, Philippines — With the Duterte administration vowing not to cooperate, it will be challenging for the International Criminal Court to investigate the alleged crimes against humanity committed during the course of the “war on drugs” in the Philippines, but a human rights lawyer said that hurdle can be conquered.
“Hindi siya magiging balakid sa pagpapatuloy ng imbestigasyon,” Center for International Law fellow Ross Tugade told Philstar.com in an interview. “Kailangan lang maging creative ang Office of the Prosecutor at resourceful na rin sa paggamit ng ebidensya na na-submit na sa kanila leading towards the request to open an investigation on the ‘drug war.’”
(It won’t be an obstacle to the investigation. The Office of the Prosecutor just has to be creative and resourceful in using evidence that has been submitted to them leading towards the request to open an investigation on the “drug war.”)
Tugade said what the ICC’s OTP can do is to rely on submissions from relevant sources or interested parties who would give it evidence which would support charges which could be filed before the international tribunal.
The OTP, then led by Fatou Bensouda, requested last June 14 that the ICC’s pre-trial chamber allow a full investigation into the Duterte administration’s “war on drugs,” which according to government data has left 6,117 dead as of April 30.
While a probe has yet to be authorized, President Rodrigo Duterte said last week his administration will not cooperate in a possible investigation into the country’s deadly “drug war” and that he will only face a Philippine court with a Filipino judge.
Probe may go on despite withdrawal
The Philippines withdrew in 2018 from the Rome Statute — the treaty that established the ICC — after Bensouda launched a preliminary examination into the “war on drugs.”
Tugade said this means that the Philippines can no longer be compelled to hand over whoever will be ordered arrested by the ICC. But it does not mean that the investigation would no longer continue.
“Aandar pa rin siya under the Office of the Prosecutor, ‘yong opisina na ngayon ay ino-occupy na ng bagong prosecutor, si Karim Khan. Siya ang magda-direct ng investigations tungkol sa drug war before the ICC,” she said.
(The investigation will continue under the Office of the Prosecutor, the office which is now occupied by a new prosecutor, Karim Khan. He will direct the investigations about the drug war before the ICC.)
Hope for ‘drug war’ kin
The push of the ICC’s OTP for a full-blown investigation into the “drug war” has sparked hope among the families of those killed during its course.
“Sobrang masayang-masaya, kasi parang nagkaroon kami ng pag-asa sa laban namin na ‘to. Hindi lang sa laban ko, kundi sa laban ng lahat ng mga biktima ng pamamaslang dito sa Pilipinas,” said Jane Lee, whose husband was killed in March 2017.
(I was very happy because we found hope in our battle. Not only in my battle, but also the battles of all the victims of the killings here in the Philippines.)
But the road toward a possible conviction before the ICC is long and arduous, which is why Tugade said the public must manage their expectations.
“Kailangan nating bantayan ang proseso at kailangan rin nating, siguro, maging patient doon sa buong process sapagkat ang ICC ay isang korte na maaring magdesisyon pabor sa mga biktima o pabor sa mga akusado pagkatapos nitong tingnan ang ebidensya na ipepresenta before it,” she said.
(We need to be vigilant about the process and we also need to be patient with the whole process because the ICC is a court that may decide in favor of the victims or in favor of the accused after it has looked at all the evidence presented before it.)
Lee hopes, however, that they would not be denied justice.
“Hindi naman nila mababalik yung buhay ng mga mahal namin sa buhay. Sa totoo lang, kahit na anong hustisya ‘yong makamit namin, hindi ‘yon mapapantayan ‘yong sakit, hindi mapapantayan ‘yong hirap na dinanas namin, ‘yong torture,” she said.
(They won’t be able to bring back the lives of our loved ones. In reality, any kind of justice won’t would not be enough to compensate for the hurt, the pain, the torture that we experienced.)
She continued, “Kaya ‘yong hustisya na kaya na lamang ibigay, sana huwag nang ipagkait pa sa amin.”
(I hope that the justice that can be given would not be denied to us.)
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