DRUG WAR PROBE | Philippines still obligated to cooperate with ICC despite withdrawal, says advocacy group

December 18, 2020 , 11:18 AM

(December 18, 2020) – The Philippines is still obligated to cooperate with the International Criminal Court (ICC) should it conduct an investigation into the war on illegal drugs, an official for an advocacy group said on Friday, even if the country already withdrew from the international judicial body.

Atty. Gilbert Andres, deputy executive director of the Center for International Law (CenterLaw) said that the Philippines still has to work with the ICC after its prosecutor found “reasonable basis” for crimes against humanity alleged in President Rodrigo Duterte’s brutal campaign against illegal drugs.

“It’s irrelevant whether or not we’re still a party to the ICC,” said Andres on One News’ The Chiefs. “There is a residual obligation to cooperate with the investigation.”

PH still obligated to cooperate with ICC on potential drug war probe

#TheChiefs | The Philippines, despite having withdrawn from the International Criminal Court in 2019, still has ‘residual obligation’ to cooperate with the body should it conduct a full-blown probe into the war on drugs, CenterLaw’s Atty. Gilbert Andres points out.

Posted by ONE News on Thursday, December 17, 2020

The Philippines effectively withdrew from the Rome Statute, the treaty founding the ICC, in March 2019 in retaliation to the preliminary examination on Duterte’s deadly fight against narcotics.

Government numbers claim that almost 6,000 have died in operations on illegal drugs since Duterte rose to power in 2016. Human rights groups, however, have placed the total much higher than that.

Following the initial examination, ICC prosecutor Fatou Bensouda said they will decide whether to apply for permission to conduct a preliminary investigation by the first half of 2021.

“There is already one foot on the door,” said Andres.

Presidential Spokesperson Harry Roque, ironically a co-founder of CenterLaw, has insisted that the ICC has no more jurisdiction over the Philippines.

But Andres refuted this, as Article 127 of the Rome Statute dictates that a state’s withdrawal “shall not affect any cooperation with the Court in connection with criminal investigations and proceedings” and in fact, has “a duty to cooperate.”

Bensouda echoed this in her report, saying the ICC still has jurisdiction over the crimes alleged from July 2016 until March 2019, before the Philippines’ withdrawal became effective.

Andres though admitted that should the Philippines’ case end with a conviction, the ICC would have to deputize local law enforcement.

(Katrina Elaine Alba/PM)

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