TIMELINE: The Philippines and the ICC

The House Committee on Human Rights last week launched the first ever-hearing on the extrajudicial killings (EJKs) that occurred during the Duterte administration’s war on drugs, another move by the government to investigate the deaths as it continues to rebuff the International Criminal Court (ICC).

But how exactly did we get here?

August 2011 — The Philippines ratified the Rome Statute, the treaty which established the ICC, and became the 117th member of the independent body that seeks to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression.

The Statute entered into force for the country In November 2011.

READ: Fast facts about the International Criminal Court

April 2017 — Jude Sabio, the lawyer for self-confessed former hitman Edgar Matobato, filed the first complaint against former President Rodrigo Duterte and other senior officials with the ICC on April 24. Matobato had previously testified in the Senate that he was part of a hit squad that operated on Duterte's orders.

The complaint alleged that Duterte "repeatedly, unchangingly and continuously" committed crimes against humanity in his war on drugs and that under him, killing drug suspects and other criminals has become "best practice."

For their part, then-chief presidential legal counsel Salvador Panelo said the complaint will not prosper as the government's war on drugs is not a crime against humanity.

June 2017 — Former Senator Antonio Trillanes IV and former Magdalo party-list Representative Gary Alejano filed a communication to the ICC that adopted and supplemented Sabio’s complaint.

February 2018 — The ICC announced that it is opening a preliminary examination on killings linked to the drug war.

Then-presidential spokesperson Harry Roque said Duterte welcomed the preliminary examination. He said that Duterte "is sick and tired" of being accused of committing crimes against humanity and would argue his case if needed.

March 2018 — Duterte announced that the Philippines is withdrawing from the Rome Statute.

Duterte cited “baseless, unprecedented and outrageous attacks” against him and his administration and the alleged attempt of the ICC prosecutor to place him under the tribunal’s jurisdiction as the reason for the withdrawal.

August 2018 — Activists and families of eight victims of the drug war filed a complaint against Duterte for alleged crimes against humanity. They were represented by the National Union of People’s Lawyers.

The complaint called for Duterte’s indictment for what it describes as thousands of EJKs, which include "brazen" executions by police acting with impunity.

March 2019 — Duterte’s withdrawal from the ICC takes effect.

January 2020 — Sabio withdrew his communication from the ICC, saying it should be thrashed “for being just a part of the political propaganda of Senator [Antonio] Trillanes, Senator [Leila] De Lima, and their LP-led opposition of which I do not wish to be a part of.”

Former Vice President Leni Robredo said Sabio's allegations were “complete lies.”

Meanwhile, the ICC’s Office of the Prosecutor said the office cannot destroy or return information once it is in its possession, adding that the purported withdrawal would have no impact on the preliminary examination.

December 2020 — The ICC’s Office of the Prosecutor said there is "reasonable basis" to believe that “crimes against humanity of murder, torture, and the infliction of serious physical injury and mental harm as other inhumane acts were committed on the territory of the Philippines.”

The Palace, however, said this was "legally erroneous" and dismissed it as "political propaganda."

May 2021 —  ICC Prosecutor Fatou Bensouda requested the ICC pre-trial chamber to open an investigation on crimes that took place in the country between November 2011 and March 2019.  Bensouda’s request was published in public in June 2021. Bensouda was the predecessor of ICC prosecutor Karim Khan.

July 2021 — The Supreme Court ruled that the Philippines is obligated to cooperate with the ICC despite the country’s withdrawal from the Rome Statute as it junked petitions challenging the withdrawal.

“Even if it has deposited the instrument of withdrawal, it shall not be discharged from any criminal proceedings. Whatever process was already initiated before the International Criminal Court obliges the state party to cooperate,” the SC said in a ruling dated March 16.

“Consequently, liability for the alleged summary killings and other atrocities committed in the course of the war on drugs is not nullified or negated here. The Philippines remained covered and bound by the Rome Statute until March 17, 2019,” it added.

Justice Secretary Jesus Crispin Remulla in November 2023, however, said they consider the SC decision to be “obiter dictum” and not “ratio decidendi” or the reason for the decision, rendering it ineffective in the case of the ICC.

September 2021 — The ICC pre-trial chamber (PTC) granted Bensouda’s request and authorized the opening of the investigation of crimes that occurred when the country was still a member of the ICC from November 2011 to March 2019.

Due to this, the ICC investigation included killings allegedly made by the Davao Death Squad when Duterte was still the mayor of Davao City and before assuming the presidency in June 2016.

November 2021 — The Philippines asked the ICC to defer its investigation into alleged human rights violations in connection with the drug war, citing the Department of Justice’s referral of 52 cases where the Philippine National Police-Internal Affairs Service found administrative liability on the part of the concerned personnel.

Days later, the ICC Prosecutor’s Office temporarily suspended its investigation.

June 2022 —  ICC prosecutor Karim Khan requested the ICC-PTC to authorize the resumption of the probe into the drug war, saying the government had not demonstrated that it investigated or was investigating its nationals or others in connection with the series of killings.

Khan said the government made no reference to any investigation into crimes committed before July 2016, adding that it also did not appear to be investigating whether any of the alleged crimes were committed due to a policy or whether a higher official may be criminally responsible.

January 2023 —  The ICC authorized the reopening of the inquiry.

February 2023 — President Ferdinand Marcos Jr. said he would not cooperate with the ICC’s inquiry into the drug war, saying that the Philippines is a sovereign nation with its own police, judiciary, and system.

March 2023 — Office of the Solicitor General (OSG) filed an appeals brief which sought the reversal of the ICC's decision to resume the probe. It argued that Hague-based tribunal has no jurisdiction as the government pulled out of the ICC in 2019.

The OSG also asked the ICC to suspend the probe of the prosecutor while the appeal is ongoing.  The ICC Appeals Chamber later junked the government’s request to suspend the probe.

July 2023 —The Appeals Chamber denied the main appeal of the Philippine government against the resumption of the investigation into the controversial war on drugs.

November 2023 — Marcos said that returning under the fold of the is "under study," even as he maintained that there are "problems" with regards to the ICC's jurisdiction in probing the drug war.

His remark came after lawmakers urged the administration to cooperate with the ICC.

January 2024 —  Roque claimed that some individuals told him that personalities from the ICC are “coming in and out” of the country.

Justice spokesperson Mico Clavano said the Bureau of Immigration could not verify whether personalities from the ICC had already entered the country. Clavano, however, said that this is not a denial or a confirmation of the ICC’s presence.

Meanwhile, Marcos maintained that he considers the ICC as a threat to Philippine sovereignty.

May 2024 — Trillanes said he expects a warrant of arrest to be issued against former President Rodrigo Duterte and others in connection to the ICC probe by June.

“This will come in batches. The first batch si Duterte, the father. The second batch, baka sila (Senator) Bong Go, Bato (Senator Ronald dela Rosa), at si Vice President Sara Duterte. Tapos ang third batch would be some PNP officials and some other senior officials of the Duterte administration,” Trillanes said.

(This will come in batches. The first batch is for Duterte, the father. The second batch may be against Bong Go, Bato, and Vice President Sara Duterte. The third batch would be some PNP officials and some other senior officials of the Duterte administration.)

The same was belittled by allies of Duterte.

Meanwhile, the House Committee on Human Right started the first hearing on killings during the drug war. The committee, however, said it will not cooperate with the ICC.

— RSJ, GMA Integrated News