Metro Manila (CNN Philippines, July 18) — The International Criminal Court (ICC) will continue to investigate the Duterte administration’s war on drugs after the Appeals Chamber of the court rejected the plea of the Philippine government against the resumption of the probe.
The ICC appeals chamber handed down this decision on Tuesday, nearly two years since the pre-trial chamber authorized in September 2021 the start of the investigation.
Later that year, the court halted the probe upon Manila’s request, and in January 2023, the pre-trial chamber allowed it to resume – a move formally opposed by the Philippines through a notice of appeal in February.
“I would like to state that it is rejected by the appeals chamber by majority, and that the impugned decision is therefore confirmed,” said ICC Judge Marc Perrin de Brichambaut, referring to the government’s plea to reverse the January decision authorizing the prosecutor to resume the probe.
The appeals chamber in March also rejected Manila’s request for a suspension of the probe pending decision on the main appeal to reverse the January ruling.
In deciding to push through with the inquiry, the pre-trial chamber earlier said it was not convinced that the Philippine government is \”making a real or genuine effort\” to conduct probes and prosecutions regarding the Duterte administration’s brutal crackdown.
Solicitor General Menardo Guevarra previously noted that there is no further appeal available to the government.
He said ICC Prosecutor Karim Khan may seek the issuance of summonses or warrants of arrest against certain individuals, depending on the evidence Khan will be able to gather. These persons would need to hire their own lawyers as the Office of the Solicitor General only represents the State, Guevarra also explained.
Rejected arguments
The probe which the ICC authorized covers crimes allegedly committed between November 2011 and March 2019. Former president Rodrigo Duterte was elected in 2016, but the time frame includes similar killings allegedly done in the Davao region when he was still mayor.
Government data showed Duterte’s anti-drug campaign claimed over 6,000 lives, although local and international human rights organizations estimate an even higher tally of between 12,000 and 30,000.
In challenging the probe, the Philippine government laid out four main arguments – all of which were rejected by the majority of the appeals chamber.
Among the grounds raised by Manila was the supposed lack of jurisdiction by the ICC. The government maintained that since the Philippines withdrew from the Rome Statute of the ICC in 2019, the court could no longer exercise jurisdiction over the country, even over crimes which allegedly occurred when the Philippines was still a state party to the treaty.
However, the appeals chamber said the impact of the Philippines’ withdrawal from the statue “was neither properly raised nor ventilated before the pre-trial chamber.”
It also disagreed with Manila’s claim that the pre-trial chamber had no actual assessment to prove the government was not making genuine efforts to carry out its own investigations.
The reading of the judgment happened on July 18 in the Netherlands, where the international court is seated. The day marks the 25th anniversary of the signing of the Rome Statute, the treaty that gave birth to the ICC.
The ICC has no police powers but earlier said it would rely on cooperation with countries for \”making arrests, transferring arrested persons to the court’s detention center in The Hague, freezing suspects’ assets, and enforcing sentences.\”
In a briefing on Monday, Justice Secretary Jesus Crispin \”Boying\” Remulla reiterated that the ICC will not be welcomed in the country.
\”Tayo ay hospitable kaya lang kung pakikialam ang gagawin nila, hindi po tayo papayag,\” he said. \”May sarili tayong sistema ng batas na hindi nila pwede pakialaman o balewalain. Huwag nila subukang makialam dito.\”
[Translation: We are hospitable but if they will meddle with our issues, we will not allow it. We have our own justice system that they cannot impede or ignore. They should not try to interfere here.]
EXPLAINER: ICC and its authority
CNN Philippines’ Kristel Limpot, Jelo Mantaring, and Anjo Alimario contributed to this report.
