MANILA, Philippines – By requesting the Worldwide Prison Court docket (ICC) Pre-Trial Chamber (PTC) to renew the investigation into President Rodrigo Duterte’s bloody drug battle, Prosecutor Karim Khan rejected the efforts of the Division of Justice beneath DOJ Secretary Menardo Guevarra.
Guevarra and the DOJ have been hyping their drug battle overview since 2020, and used it to avail of an possibility within the Rome Statute to pause the investigation since November 2021.
However in line with Khan: “It seems that the [DOJ] panel merely carried out a ‘desk overview’ of those 302 circumstances…. The Panel’s ‘desk overview’ by itself thus doesn’t represent investigative exercise inside the framework of article 18(2) of the Statute and can’t justify deferral of the Court docket’s investigation.”
Phillippine police killed greater than 7,000 drug suspects of their conduct of professional operations. In response to Khan’s 53-page request filed on Friday, June 24, the DOJ overview solely took on 302 circumstances and that the Philippine authorities “has not offered any documentation explaining how the Panel carried out its overview.”
Below the Rome Statute, the investigation can solely proceed if the nation can not do its personal real investigation.
The outgoing justice secretary deferred remark, telling reporters on Saturday, June 25, that they’ve agreed that the Division of International Affairs (DFA) will concern statements on the matter.
“As justice secretary, I’ve a lot to say about this growth, however it’s each mandatory and prudent that I first focus on this matter with the DFA and different companies concerned,” stated Guevarra.
Ball in Marcos’ court docket
By midday of June 30 when president-elect Ferdinand “Bongbong” Marcos Jr. formally takes on the presidency, “there is no such thing as a such constitutional obligation on the a part of the brand new administration” to defend Duterte’s drug battle, stated lawyer Romel Bagares, who teaches Worldwide Regulation and was counsel to the Philippine Coalition for ICC once they challenged the nation’s unilateral withdrawal from the ICC. (The petitions have been mooted.)
The protection of ICC’s investigation are alleged killings beneath Duterte by the Davao Demise Squad from November 2011 to June 2016, and the drug battle killings from July 2016 to March 2019. The Philippines was an ICC member throughout this era.
“So the ball right here will likely be within the palms of the Marcos administration to resolve whether or not it will likely be in its curiosity to proceed defending Duterte et al earlier than the ICC proceedings,” stated Bagares.
“Since [Duterte] additionally doesn’t acknowledge the proceedings, he’ll doubtless refuse to heed any summons or submit himself to the proceedings. So the Marcos administration may have rather a lot on its plate as issues go,” added Bagares.
In an earlier interview with Rappler, Marcos’ incoming justice secretary Jesus Crispin “Boying” Remulla stated, “We don’t need to undergo any [international] court docket except we’re dysfunctional.”
“We’ve got a functioning home system, proper? We’re simply bettering effectivity,” Remulla had stated in a mixture of English and Filipino.
Marcos had expressed the identical view on the ICC through the marketing campaign, however when he gained, he advised the United Nations he was additionally fascinated about seeing “high-level of accountability” within the side of human rights. The UN has a joint human rights program with the Philippines that entails funding efforts like probing different politically-motivated killings outdoors of the drug battle, however this was a compromise slammed by the human rights group at house and overseas as being too comfortable on Duterte.
In an announcement on Saturday, June 25, Duterte’s performing presidential spokesperson Martin Andanar stated: “Let these efforts of the Philippine authorities run their course; in spite of everything, reciprocity is a key precept within the strategies of labor of the ICC. To veer away from this precept will solely reveal the politicization that has infiltrated the ICC’s ranks.”
What occurs subsequent?
The teams Rise Up and its counsel, the Nationwide Union of Peoples’ Attorneys (NUPL), representing the victims who despatched their accounts to the ICC, stated Khan’s request was “well timed and mandatory” as a result of Marcos had already stated he would proceed the drug battle. Marcos had stated that he would proceed it “inside the framework of the legislation.”
“As seen in different conditions earlier than the ICC, investigations that drag on for too lengthy jeopardize the method of searching for accountability and justice for probably the most heinous crimes. This concern is all-too worrisome because the Marcos-Duterte administration agrees with and even guarantees to proceed with Duterte’s drug insurance policies,” the teams stated in an announcement Saturday.
However they’re nonetheless in for an extended wait.
First, the pre-trial chamber should approve Khan’s request first earlier than the investigation is absolutely resumed. The Philippine authorities may have an opportunity to oppose Khan, and even go as much as the appeals chamber ought to the PTC resolve to renew.
The ICC would wish to assemble ample proof to have the ability to identify an individual for summons or warrants of arrest. Having these individuals attraction earlier than the ICC is a completely completely different matter, particularly that the Philippines has already withdrawn from the ICC. The court docket doesn’t maintain trials if the topics don’t seem.
The ICC has no police powers, so cooperation will rely on international locations and their very own legislation enforcement.
“It’s going to drag on for years for that cause, except a extra pleasant administration comes alongside and decides to cooperate with the ICC because it ought to,” stated Bagares.
Other than Duterte, the ICC stories to this point have named drug battle architect Senator Ronald “Bato” dela Rosa and former justice secretary Vitaliano Aguirre II.
“Duterte, given his age, might not even stay lengthy sufficient to see a Philippine authorities cooperative with the ICC occur, however we will’t say the identical for De la Rosa and different ring leaders {that a} accomplished investigation might add to the roster of these most chargeable for the drug killings,” stated Bagares.
Khan appealed to the pre-trial chamber to let him resume the probe.
“With out such an investigation, the Prosecution submits that there’s a actual danger that Rome Statute crimes dedicated within the Philippines will go un-investigated and unpunished,” stated Khan in his request.
NUPL president Edre Olalia stated the incoming president ought to hearken to his chosen nationwide safety adviser, Clarita Carlos, to let permit the ICC investigation.
“The incoming Marcos Jr.-Duterte group should heed the sensible counsel of its incoming nationwide safety adviser on this level. Else, the inevitable conclusion is that it’s certainly coddling and overlaying up human rights violations previous and current,” Olalia stated in an announcement on Saturday.
Maria Elena Vignoli, senior worldwide justice counsel at Human Rights Watch, described Khan’s transfer as a “booster shot for accountability.” – MR
