De Lima: Gov't can't stop ICC from investigating Duterte's drug war

Former Senator and Justice secretary Leila de Lima said Tuesday that the Philippine government cannot stop the International Criminal Court (ICC) from investigating former President Rodrigo Duterte and other officials over alleged crimes against humanity committed during the previous administration's war against illegal drugs.

This, as De Lima said that the said crime is punishable under a Philippine law.

She was referring to Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, genocide, and other crimes against humanity which punishes crimes against humanity such as:

• Willful killing
• Extermination
• Enslavement
• Arbitrary deportation or forcible transfer of population
• Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law
• Torture

Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health, among others.

De Lima then said this Section 6 is complemented by Section 17 of the said law which states that “In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime.”

“Hindi natin puede pigilan ang ICC [na mag-imbestiga]. Doon sila (ICC) nakatutok roon sa may greatest responsibility,” de Lima, who faced drug related charges but was later cleared of such, told lawmakers during the House QuadComm investigation on the drug war deaths during the Duterte administration.

(We cannot stop the ICC. They are after those who have the greatest responsibility.)

Further, de Lima said Section 17 states that “Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another state pursuant to the applicable extradition laws and treaties.”

Former President Duterte and other top officials of the Duterte administration are already being investigated by the ICC in connection with the alleged commission of crimes against humanity for systematic drug war deaths in police operations during his tenure. 

These deaths reached around 6,000 based on police records, but human rights groups contend that the deaths reached as much as 30,000, including vigilante killings, due to Duterte's policy.

The former Chief Executive and the Duterte administration's officials, however, have always denied that killing people at whim is a policy.

Likewise, former President Duterte has insisted that the Philippines is not under ICC jurisdiction due to Manila's unilateral withdrawal from the Rome Statute in March 2019. —VAL, GMA Integrated News