EDITORIAL - Crimes against humanity

The explosive revelations at the joint inquiry being conducted by four committees of the House of Representatives are forming a picture of a systematic, widespread, state-sponsored execution of drug suspects during the Duterte administration. The emerging picture can bolster a case for crimes against humanity committed in the course of the brutal crackdown on illegal drugs under the watch of Rodrigo Duterte.

Amid the disclosures, there are proposals to submit the records and findings of the House quad committee to the International Criminal Court. The ICC is investigating Duterte, at least five top former and active members of the Philippine National Police and several other personalities for murder as a crime against humanity that might have been committed in the conduct of the so-called war on drugs.

Duterte had withdrawn the country from the ICC, and has maintained that the court has no jurisdiction over cases in the Philippines. But officials of the current administration have said they could not stop ICC prosecutors from continuing with their probe if the proceedings are not held formally in the Philippines. Last year, President Marcos also said the country’s rejoining the ICC was “under study.” The outcome of this study has yet to be announced.

As of yesterday, Executive Secretary Lucas Bersamin said the President had not yet changed his mind, despite the revelations in the quad comm. “The Philippines will not return to (the) ICC,” Bersamin told reporters, adding that the government would also not refer the quad comm findings to the international court.

If this decision will not change, the government should show why there is no need for the ICC to step in. There is a law covering crimes against humanity in the Philippines. Republic Act 9851, which was signed in December 2009, covers crimes “against international humanitarian law, genocide and other crimes against humanity.” RA 9851 carries penalties of up to life in prison plus fines of up to P1 million. The offenses covered by the law have no prescription period.

Government prosecutors have maintained that there is a lack of witnesses, material evidence and even direct complainants to pursue cases against Duterte and several of his former officials for possible violations of RA 9851 in the course of his drug war. Now that former officials such as retired police colonel Royina Garma, believed to be part of Duterte’s inner circle, are talking, the government is running out of excuses in its inability or unwillingness to conduct a probe for crimes against humanity in the war on drugs.