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