Manila lawmaker calls on PH authorities to cooperate with ICC probe on drug war deaths

An administration lawmaker has filed a House Resolution urging the administration of President Ferdinand "Bongbong" Marcos, Jr. to cooperate with the International Criminal Court (ICC) investigation on the deaths related to former President Rodrigo Duterte's "war on drugs".  

House Committee on Human Rights chairperson Bienvenido “Benny” Abante Jr. of Manila made the call under House Resolution 1477 which he co-authored with House Minority Bloc member and 1-Rider party-list representative Rodge Gutierrez.

The resolution noted that while the Philippine government already withdrew from being a party to the ICC in March 2019, the ICC and the Supreme Court in the Philippines have maintained that ICC has jurisdiction with respect to any alleged crimes against humanity perpetuated in the Philippines during the Duterte administration’s drug war.

“The ICC's jurisdiction was reinforced by the Supreme Court of the Philippines when it rendered a [March 2021] judgment specifying that: "Further, the ICC retains jurisdiction over any and all acts committed by government  actors until March 17, 2019. Hence, withdrawal from the Rome Statute does not affect the liabilities of individuals charged before the ICC for acts committed up to this date,” the resolution read. 

The March 2021 Supreme Court decision concerns the petition filed by senators questioning the legality of the Philippines’ withdrawal as state party to the Rome Statute creating the ICC since it was done without Senate concurrence. 

The resolution cited that the Philippine government's initial request for the ICC prosecutor to defer its investigation, and the Philippine government's subsequent petition before the ICC Appeals Chamber, clearly demonstrate that the Philippine government respects the rule of international law and  recognizes the proceedings of the ICC with respect to the investigation of any alleged crime that may have occurred in the Philippines up to March 16, 2019 when the Philippines withdrew as state party to the ICC.

"Now, therefore be it resolved, that the House of Representatives, through this Resolution, call on the appropriate Philippine government department and agencies to extend their full cooperation to the ICC Prosecutor with respect to its investigation of any alleged crime within the jurisdiction of the ICC, including but not limited to the crime against  humanity of murder, committed in the Philippines in the context of the so called “war on drugs” campaign,” it added.

A similar resolution was filed by Makabayan bloc lawmakers France Castro of ACT Teachers party-list, Arlene Brosas of Gabriela party-list and Raoul Manuel of Kabataan party-list last October.

The ICC Appeals Chamber had denied the Philippine government’s appeal to stop the ICC probe on the drug war  because the Philippines failed to prove to the ICC that a legitimate investigation on the drug war killings and the prosecution of the perpetrators were being undertaken by Philippine authorities.

The ICC Prosecutor Pre-Trial chamber earlier observed, as regards to the drug war, that “the available material indicates, to the required standard, that a widespread and systematic attack against the civilian population took place pursuant to or in furtherance of a State policy, within the meaning of Article 7(1) and (2)(a) of the Statute.”

Statistics vary depending on sources but according to Human Rights Watch, Duterte’s “war on drugs” resulted in the deaths of more than 12,000 Filipinos, mostly from the urban poor.—RF, GMA Integrated News