ICC seeks proof of Philippine probe into drug war deaths

International Criminal Court (ICC) prosecutor Karim Khan is seeking proof from the Duterte administration regarding its investigation into the deaths linked to its war on illegal drugs.

This was in connection with the Philippines' request to defer the ICC's probe into the alleged crimes against humanity committed in the context of the drug war.

In a statement issued five days after the ICC heeded the Philippine government's deferral request, Khan noted that providing evidence is in accordance with Rule 53 of the ICC Rules of Procedure and Evidence. /

"The Office of the Prosecutor takes the view that a State requesting deferral under Article 18(2) of the Rome Statute must provide information concerning its investigations to support its request," Khan said.

He added that such information "must consist of tangible evidence, of probative value and a sufficient degree of specificity, demonstrating that concrete and progressive investigative steps have been or are currently being undertaken to ascertain the responsibility of persons for alleged conduct falling within the scope of the authorised ICC investigation."

"The Prosecutor will, in the coming days, request the Philippines to provide substantiating information regarding the investigations and proceedings referenced in its Deferral Request. The Office of the Prosecutor will request that such information be provided promptly, as envisaged by Article 18 of the Rome Statute and as necessary to ensure that there is no impunity for Rome Statute crimes," Khan said.

In a letter to Khan dated November 10, Philippine Ambassador to the Netherlands Eduardo Malaya said the Philippine government has been looking into the alleged abuses in the course of the anti-drug campaign.

"The Philippine government is likewise keen on ensuring the successful prosecution of cases that have been filed or may be filed in court against erring PNP members and others within its jurisdiction,” Malaya said in his letter.

Deferral's effect not blanket

Khan said the deferral of the ICC probe will only have a "specific or partial effect rather than a blanket or general effect, on the  investigation being done by Philippine authorities."

"Information on national investigations and proceedings therefore informs the Office's [of the Prosecutor] assessment of the precise parameters of any deferral. Additionally, any domestic proceedings must be conducted genuinely as required by the Statute," he said.

Khan also said that even with the deferral, the Office of the ICC Prosecutor would continue its analysis of information already in its possession and any new information it may receive from third parties.

In addition, Khan said his office would assess the need for applications to the Pre-Trial Chamber for authority to conduct necessary investigative steps for the preservation of evidence under article 18(6) of the Statute.

"As this process unfolds, the Office will continue to be particularly attentive to the security, safety and wellbeing of victims and witnesses, and the protections and measures foreseen under the Rome Statute in this regard, including potential recourse to article 70 of the Statute where warranted," the ICC prosecutor said.

The Department of Justice has only reviewed 352 cases of drug war deaths in police operations and has only released findings on 52. —KBK, GMA News