ICC can summon Duterte, Dela Rosa to drug war probe —Chel Diokno

Human rights lawyer Jose Manuel “Chel” Diokno on Friday said the International Criminal Court (ICC) could summon President Rodrigo Duterte and former Philippine National Police (PNP) now Senator Ronald “Bato” dela Rosa to the investigation into the country’s war on drugs.

Diokno said the ICC prosecutor is allowed to request the Pre-Trial Chamber, which authorized the investigation, to issue a summons to appear or a warrant of arrest against persons who are believed to be responsible for crimes against humanity in the course of the campaign.

"The policy of the prosecutor, as far as I know, is really only to investigate and, if ever, charge those who are primarily responsible for the crime. In this case, the charge revolves around crimes against humanity,” he said in an interview with CNN Philippines.

"In our case, it could include the President and others who were directly involved in the operations of the war on drugs.”

The intensified campaign against illegal drugs occurred after Duterte took office in June 2016. The governing document of the drug war was issued by Dela Rosa, who was Duterte’s first PNP chief.

Malacañang said Thursday that the case would not prosper, arguing the Philippines is not required to cooperate with the investigation owing to its withdrawal from the Rome Statute, the treaty that established the ICC, in 2019.

ICC investigators, however, may still gather evidence without setting foot in the Philippines, according to Maria Kristina Conti, assisting counsel for Rise Up for Life and for Rights, an organization of survivors and families affected by drug-related killings, which submitted communications to the ICC.

“What the ICC needs is evidence. Plain and simple. If they can get the evidence, in any other way aside from going to the Philippines, aside from physically presenting themselves before the Office of the President or any other office, then they can proceed,” Conti told ANC.

She said they are ready to assist the ICC prosecutor by providing evidence and information.

The investigation would cover crimes against humanity that have allegedly occurred on Philippine territory from November 1, 2011 to March 16, 2019.—LDF, GMA News