DRUG WAR PROBE | Lawyers’ group slams Marcos over false claims on ICC’s jurisdiction

August 5, 2022 , 05:03 PM

By Clarist Zablan

(August 5, 2022) – President Ferdinand “Bongbong” Marcos Jr.’s government is spreading same lies as the past Duterte administration when it claimed the International Criminal Court (ICC) no longer has jurisdiction over his predecessor’s bloody and brutal drug war policy, a rights group said on Friday.

The Center for International Law (CenterLaw), a non-profit formed by a group of lawyers advocating for human rights, said the international tribunal still retains jurisdiction over the killings committed before the country withdrew from the Rome Statute.

“As the Center for International Law of the Philippines, we reject these claims as grave and deliberate mischaracterizations of international law,” the group said in a statement.

Earlier, Marcos said the Philippine government has “no intention” of rejoining the ICC.

He also said they are studying their next move on the tribunal’s request for their comments after prosecutor Karim Khan asked for the resumption of investigations into the killings under Rodrigo Duterte’s drug war policy, citing concerns that local courts are already willing to investigate and prosecute the perpetrators.

One of the options the government is considering is to ignore the tribunal’s request since the country is no longer “under” the ICC, he said.

“Posible din, hindi natin papansinin dahil hindi naman tayo sumasailalim sa kanila,” he told reporters last Monday. “Pero the ICC is very different kind of court, kaya pinag-aralan muna.”

CenterLaw said the Supreme Court has acknowledged in the Pangilinan vs. Cayetano case that the ICC still “retains jurisdiction over any and all acts committed by government until March 17, 2019,” when the Philippines withdrew from the ICC.

The group also noted that the Rome Statute, the treaty that established the ICC which the Philippines ratified in 2011, also stated that the withdrawal does not lift the country’s duty to cooperate with the tribunal on any criminal investigations and proceedings if obligated.

Moreover, the ICC is still authorized to exercise its jurisdiction if it found inaction on the part of the state to address alleged crimes that it has investigated, the group added.

“Because the Philippines has failed to investigate or prosecute those responsible for the bloody drug war, the ICC may exercise jurisdiction over the Situation in the Philippines,” they said.

The Philippines withdrew from the Rome Statute under the Duterte administration after the court launched a preliminary inquiry into accusations that the former president and his officials have committed mass murder and crimes against humanity related to his drug war policy.

The government has admitted that at least 6,000 suspected drug offenders have been killed in police operations since Duterte took office in 2016. But rights groups have estimated the deaths at as high as 30,000, including extrajudicial killings by unknown assailants.

The ICC’s Pre-Trial Chamber opened a probe into the killings last year, but it was deferred upon request from the Philippine government, claiming the country is already investigating the issue.

Of all the drug war killings, only the case surrounding the death of Kian delos Santos has resulted in the conviction of the perpetrators.

The Department of Justice has also said it has reviewed 52 cases related to the drug war, and has expressed plans to investigate 250 more. But these only make up around 5% of all the killings recognized by the government.

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