The International Criminal Court (ICC) has authorized a full-blown investigation on the alleged crimes against humanity committed by the Duterte administration. The International Criminal Court (ICC) has authorized a full-blown investigation on the alleged crimes against humanity committed by the Duterte administration. While we welcome this development, the process of seeking justice remains long and difficult. The government continues to perpetuate the lie that the ICC has no jurisdiction, when in truth this has long been settled: the ICC can investigate and hear the crimes against humanity committed by Duterte and his allies before the Philippines withdrew from the Rome Statute. Aside from this, Duterte, despite his posturing as being fearless, remains steadfast in his refusal to cooperate with the investigation and declaring that he would deny the entry of the investigators into the country. Although this administration will build barrier after barrier to evade the law, we must persevere. We, as a community, owe it to the thousands of lives lost and countless families broken to continue this fight. We must be the strength for the victims and witnesses of these crimes as they come forward and bring these murderers to justice.
What is this investigation about? Earlier this year, the ICC requested victims to submit their representations to determine whether an investigation should be carried out in the Philippines. The ICC received representations of 1,530 individuals and 1,050 families. What these representations show is that 94% of the victims are in favor of an investigation. The ICC’s Pre-Trial Chamber (PTC) also found that there was reasonable basis to proceed with an investigation because the War on Drugs could not be seen as a legitimate State operation but is considered a widespread, systematic attack against the civilian population. The crime against humanity of murder appears to have been committed, placing these potential cases under the ICC’s jurisdiction following the Rome Statute, the international treaty to which the Philippines was a party.
What will the investigation cover? The scope of the investigation shall be those crimes committed in the context of the War on Drugs from November 1, 2011, when similar killings occurred in Davao when Pres. Duterte was still Mayor, until March 16, 2019, when the Philippines withdrew from the Rome Statute. This is why the Philippine government cannot raise its withdrawal as a defense against the investigation: the crimes were committed before the Philippines withdrew and it is only those crimes committed during the effectivity of the Rome Statute that will be investigated.
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Briefer prepared by IDEALS, Inc
November 1, 2011
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DAVAO CITY
March 16, 2019
Philippines’ withdrawal in the Rome Statute
Davao Killings War on Drugs Sakop ng imbestigasyon ng ICC
Why will these crimes be investigated? The PTC found that killings and other illegalities attending buy-bust, “Tokhang,”, “One Time, Big Time,” and other official operations conducted throughout the anti-drug campaign of the Duterte administration contributed to making it illegitimate. These were conducted against civilians throughout the War on Drugs campaign, with many perpetrators alleging that they merely acted in self-defense. It was also characterized as widespread, with the total number of victims encompassing the whole Philippine territory. It was shown that these crimes were carried out according to a State policy because: (1) Duterte encouraged the killings of drug dealers, users, and criminals, from back when he was still Davao City Mayor throughout his political campaign as well as when he assumed the Presidency and started the nationwide War on Drugs. (2) There was a clear link between the killings and the government’s War on Drugs as seen in official documents and pronouncements from Pres. Duterte and the Philippine National Police which pursued the neutralization of people linked to drugs. (3) There are constant references to lists of persons alleged to be involved in drugs but there are no formal ways of securing such lists. (4) There was a showing that perpetrators of these killings were given payments, promotions, or even awards for what they did. (5) The government failed to investigate or prosecute these killings, with very few being brought to justice in court and Duterte even promising to protect law enforcers accused of these. 2 I
Briefer prepared by IDEALS, Inc
Are there other crimes that may be investigated? This investigation will also include other types of incidents that have attended the killings which include beatings, mistreatment, and forcing families to witness the killings. These may amount to the crime against humanity of torture and must also be investigated. References to crimes other than murder such as torture, imprisonment, deprivation of liberty, and enforced disappearance, as well as some instances of sexual violence, were also noted by the PTC. The PTC also ordered the Prosecutor to carry out its investigation into the situation as a whole, expanding its scope to any crime within the Court’s jurisdiction.
Does the ICC have jurisdiction in the Philippines? Yes. It has jurisdiction over crimes committed before the Philippines withdrew as a State Party to the ICC. This is the goal of the investigation. The investigation seeks to uncover more details about the alleged crimes, the perpetrators, and if the Philippine government is unwilling to investigate and prosecute the killings themselves.
Can the Philippine government refuse them entry? Yes. The Philippine government has expressed that it will refuse entry to the ICC officials conducting the investigation. However, this refusal to cooperate can be taken to mean that the government is unwilling to investigate and prosecute the killings.
A briefer prepared by IDEALS, Inc
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Briefer prepared by IDEALS, Inc