ICC starts accepting concerns from 'victims' in Duterte drug war probe

The International Criminal Court (ICC) has called on the supposed victims of President Rodrigo Duterte’s war on drugs to submit their views, concerns, and expectations regarding the possible probe.

“Victims of the alleged crimes have the right to submit ‘representations’ as per the ICC legal framework,” the ICC said in a post on its website.

“This means that victims may provide their views, concerns and expectations regarding the Prosecutor's request to the ICC Judges for their consideration,” it added.

The ICC noted that the submission of representations is not yet an application for participation in court proceedings or for receiving reparations before the ICC.

According to ICC, the submissions of the victims will be used for the consideration of the ICC Judges in connection with the request of the Prosecutor to conduct an investigation into the war on drugs.

“Should such proceedings arise in the future, victims interested in applying to participate in such judicial proceedings before the ICC and/or for reparations will have to fill in a separate application form which will be made available then,” the ICC said.

The Victims Participation and Reparations Section (VPRS) of the Registry, which assists victims in the process of submitting representations, has prepared a Victim Representation Form in PDF format and an online version that victims can fill out.

The deadline for the submission to the ICC is August 13.

Sought for reaction, presidential spokesperson Harry Roque expressed confidence ICC prosecutors will not be able to build a strong case of crimes against humanity against Duterte.

“The ICC can do whatever it wants, but there is a chamber of ICC which already said na huwag na mag-imbestiga kung walang cooperation ng state [don't push through with the investigation if the state won't cooperate],” Roque at a press briefing.

“Without cooperation from the state, napakahirap gumawa ng case build up  because the court needs real evidence, not newspaper accounts,” he added.

On June 14, then-ICC Prosecutor Fatou Bensouda asked for authorization to open a full investigation into drug war killings in the Philippines, saying crimes against humanity could have been committed.

According to Philippine government data, from the time President Rodrigo Duterte took office in 2016 until the end of April this year, security forces have killed 6,117 suspected drug dealers in sting operations.

Rights groups say authorities have summarily executed drug suspects, but police say the suspects fought back violently.

Malacañang has repeatedly said Duterte and the government would not cooperate in any ICC investigation due to lack of jurisdiction.

The Philippines withdrew from the Rome Statute, which established the ICC, in March 2019. The country's decision to leave the ICC came shortly after the ICC Office of the Prosecutor said in February 2018 that it would examine drug war-related allegations against Duterte to determine if it has jurisdiction to investigate.

However, retired ICC judge Raul Pangalangan said the ICC may still conduct an investigation or even trial into the alleged human rights violations linked to the war on drugs even after the Philippines leaves the tribunal.

The Palace said the request for an investigation was “legally erroneous and politically motivated.”

“Why would I defend or face an accusation before white people. You must be crazy,” Duterte said in a televised address on June 21.

“Our laws are different. Our criminal procedure is very different. How [are] you supposed to get justice there?” he said.

Meanwhile Human Rights Watch Geneva Director John Fisher said the ICC's possible probe in the drug war could "reinforce" their message to the UN Human Rights Council to launch an independent investigation into the human rights situation in the Philippines. —Joviland Rita and Llanesca T. Panti/KG/RSJ/KBK, GMA News