ICC chamber to decide Philippines' appeal on July 18, 2023

The International Criminal Court's appeals chamber will issue next week its decision on the Philippines' plea against the continuation of the ICC prosecutor's investigation of the killings attributed to the country's war on drugs.

In a three-page scheduling order signed by Presiding Judge Marc Perrin de Brichambaut, the appeals chamber said, "Judgment in the above appeal will be delivered in open court on Tuesday, 18 July 2023 at 10h00."

The ICC in January authorized the reopening of the inquiry into the anti-drugs campaign which left thousands dead.

Former President Rodrigo Duterte pulled the Philippines out of the Hague-based tribunal in 2019 after it began a preliminary probe into the crackdown, followed by the launch of a formal inquiry later that year.

The probe was suspended in November 2019 after the Philippine government said it was re-examining several hundred cases of drug operations that led to deaths at the hands of police, hitmen and vigilantes.

ICC prosecutor Karim Khan had asked to restart the inquiry, saying the Philippine government had not provided evidence it was carrying out thorough inquiries.

‘No jurisdiction’

In an appeals brief filed in March, the Philippine government sought the reversal of the decision of the ICC to reopen an inquiry into the war on drugs.

The Office of the Solicitor General (OSG) reiterated that the Hague-based tribunal had no jurisdiction as the Philippine government pulled out of the Hague-based tribunal in 2019.

The OSG said there were conditions that should be met before the investigation could take place.

It said there must be a state referral or in this case, the Philippine government's referral of cases.

The OSG said there should also be a referral from the United Nations Security Council and motu proprio prosecutor investigation or investigation of its own accord.

It also implied in its appeal brief that conditions under Article 12 should be met, which includes acceptance of the state of the investigation.

The Philippine government also asked ICC to suspend the investigation while the appeal is ongoing; to suspend the authorization of the ICC to investigate; and to determine that the Prosecution is not authorized to conduct an investigation.

Suspension bid

The ICC appeals chamber in March rejected the Philippine government's bid for the suspension of the ICC prosecutor's investigation into the killings in the war on drugs.

Following the rejection of the Philippines' bid for a suspension of the investigation, President Ferdinand "Bongbong" Marcos Jr. said there was no more reason for the Philippines to get involved with the ICC.

"The appeal has failed. In our view, there’s nothing more that we can do... At this point we are essentially disengaging from any contact, communication with the ICC," Marcos said.

Solicitor General Menardo Guevarra said the President's remarks meant the Philippines would "disengage with the ICC after exhausting our legal remedies within the framework of the Rome Statute".

"The appeal will not be withdrawn. We'll pursue it," Guevarra told Reuters.

Khan in April asked the ICC appeals chamber to reject the Philippine government’s appeal of the decision to authorize the resumption of the probe on drug war killings.

In the 59-page document dated April 4, Khan said the government failed to show any error in the decision and failed to identify any error that materially affected the decision. —BAP/NB, GMA Integrated News