MANILA, Philippines — The government should view the decision of the International Criminal Court allowing the resumption of a probe into the “war on drugs” as an opportunity to fulfill the current administration’s commitment to ensure accountability for abuses, the Commission on Human Rights said Wednesday.
Appeals judges at the ICC rejected an attempt by the Philippine government to block an investigation into drug killings committed when Rodrigo Duterte was president and mayor of Davao City before that. The move cleared the way for the probe to resume.
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“From the lens of justice, CHR acknowledges the continuation of the investigation as part of due process meant to uphold the rights of victims, as well as the accused, through a fair and impartial procedure with the end view of exacting truth and, later on, accountability from the perpetrators if and when guilt is established,” the commission said in a statement.
The national human rights institution encouraged the government to “view this decision as an opportunity to give better meaning to President Ferdinand Marcos Jr.'s commitment at the onset of his presidency to ensure a ‘high-level of accountability’ for human rights violations during his term.”
In its 2022 report into alleged extrajudicial killings linked to the Duterte administration’s anti-drug campaign, the CHR said that internal probes into law enforcement operations that led to deaths had been “inaccessible and non-transparent.” It said the Philippine National Police oftentimes "refused, denied, or ignored" requests from to review documents.
‘Ready to assist’
The CHR also said that it is “willing, ready, and able to assist the government so it may better comply with its obligations to respect, protect, and fulfill the human rights of all, especially the vulnerable and aggrieved.”
The Office of the Solicitor General, however, expressed disappointment after The Hague-based tribunal junked its appeal, saying the ICC appeals chamber refused to recognize the Philippines’ right to investigate serious crimes.
The Department of Justice also criticized the ICC for its “flawed interpretation of its own jurisdiction.”
“The Department of Justice will continue to defend the sovereignty and integrity of our nation’s legal system. We urge the ICC to reconsider its decision and recognize the Philippines’ unwavering commitment to the rule of law and the pursuit of justice,” it said.
The Appeals Chamber, by a slim vote, dismissed the government’s first ground of appeal in which it argued that the ICC cannot exercise its jurisdiction following the country’s withdrawal from the court in 2019.
The majority of the five-judge bench considered this issue was not properly raised before the ICC Pre-Trial Chamber, and that the decision challenged by the Philippines does not constitute a “decision with respect to jurisdiction.”