ICC decision in drug war deaths probe sets justice in motion, says lawyers group

The International Criminal Court (ICC)’s decision to deny the Philippines’ bid to suspend its investigation into the Duterte administration's drug war has set the wheels of justice in motion, a lawyers’ group said Tuesday.

“It is all systems go for the ICC prosecutor’s investigation into the Philippines' 'war on drugs,' and all victims should be able to participate in the proceedings. We are reassured by the decision of the Appeals Chamber of the ICC on the Philippines’ request to suspend the investigation pending its appeal, and on the victims’ involvement,” National Union of Philippine Lawyers-National Capital Region (NUPL-NCR) secretary general Kristina Conti said in a statement.

“So far, the ICC proceedings are on track and aligned with our search for genuine justice for the victims of grave rights violations,” she added.

The Philippines earlier this month filed an appeals brief to suspend the tribunal's decision to re-open its investigation into the deadly anti-drugs campaign led by former president Rodrigo Duterte.

The ICC Appeals Court decision denied the Philippines' bid, citing, among others, "its failure to explain the Court’s lack of jurisdiction or to provide explanation of the implications and scope of investigation." 

Conti said the Philippines’ Request for Suspensive Effect would have delayed the ICC investigation, which was approved by the Pre-trial Chamber in September 2021 and again in January 2023.

“In between those months, the Philippines tried to show that domestic investigations were rolling along and effecting justice for victims.  With its arguments exposed to be farcical and repetitive, the Philippines has lost its bid to yet again delay and ultimately, rebuff an investigation into crimes against humanity committed from 2011-2019, in the context of comment on the matter, after it opposed the request of victims and the Office of the Public Counsel for Victims to participate,” Conti said.

The ICC Appeals Chamber has made it clear that the Philippines may continue its domestic investigations on drug war deaths.

Conti, however, expressed doubts if domestic investigation will yield results.

“It remains a concern for us however, that domestic investigations are not transparent, comprehensive, and conducive enough to earn the victims trust,” Conti said.

'Delaying tactics'

In a separate statement, House Deputy Minority leader and ACT Teachers party-list Representative France Castro said that it is about time that the government's "delaying tactics" were ignored.

“The denial of the ICC appeals chamber on the Marcos-Duterte administration's bid to suspend the probe on former President Rodrigo Duterte's bogus drug war is a welcome development in the quest for justice for the victims of extrajudicial killings during the drug war and their families,” she said.

“Matagal nang na-delay ang mga kasong ito at iilan lang ang nilitis dito sa Pilipinas, samantalang libo-libo ang pinatay. Halatang delaying tactic lang ng Marcos-Duterte administration ang pagpapasuspende ng imbestigasyon para maprotektahan ang mga may pakana ng patayan sa drug war,” Castro added.

(This has been long delayed, and cases tried here are few and far in between while thousands have been killed. It is obvious that the appeal is only a delaying tactic of the Marcos-Duterte administration to protect the perpetrators of these drug war murders.)

'Let Duterte foot the bill'

Former opposition senator Leila de Lima, a staunch critic of the former president who remains detained on drug trade allegations, could not agree more.

“Defenders of Duterte in the Marcos administration should now realize that the ICC is determined to enforce the Rome Statute so long as the Philippine government does not undertake a serious, in-depth and comprehensive investigation and prosecution of the masterminds of Duterte’s drug war killings,” de Lima said.

“No amount of simulated investigations or the token prosecution of small fry will fool the ICC into withdrawing its mandate insofar as taking jurisdiction over crimes against humanity committed in the Philippines is concerned,” she added.

De Lima added that the Philippine government should also stop spending government funds countering the ICC process because this will only benefit those being investigated by the ICC, and not the Filipino people.

“The Solicitor General should just refer the international lawyer he hired to Duterte and let the former President foot the bill for his own defense, instead of spending public funds for the personal and private interest of Duterte,” de Lima said, referring to international lawyer Sarah Bafadhel.

“The government should never take the cudgels for every public officer, let alone a former official, accused of committing criminal acts in the guise of defending Philippine sovereignty and jurisdiction over the criminals. Let Duterte and his co-conspirators in the drug war face the music before the ICC. Be on the side of humanity. Be on the right side of history,” de Lima added. — BM, GMA Integrated News