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.

De Lima also said the alleged crimes are punishable under Philippine law. Section 6 of Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity punishes crimes 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 said this is complemented by Section 17 of the same 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 pwede pigilan ang ICC. Doon sila nakatutok roon sa may greatest responsibility,” de Lima, who faced drug related charges but was later cleared, told lawmakers during the House QuadComm investigation into the drug war deaths during the Duterte administration.

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

De Lima said Section 17 of R.A. 9851 also states that 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.”

“Through this law, we have recognized the jurisdiction of the ICC over crimes against humanity committed in the Philippines, even before we ratified the Rome Statute as a binding treaty. Sarili na po natin batas ang nagsasabi na kailangan natin magpag-ugnayan sa ICC [Our own law states that we must work with the ICC],” de Lima said.

R.A. 9851 was enacted into law in 2009, two years before the Philippine Senate ratified the Rome Statute that made Philippines an ICC member in 2011.

“Para sabihin natin na wala na tayong pakialam sa ICC, kailangan muna natin ipawalang bisa ang batas na ito [For us to say that we have nothing to do with ICC, we first need to repeal this law]. However, I respectfully submit, rather than repeal this law, we should now take steps to retract the self-serving act of Mr. Duterte to withdraw from the ICC in 2018. We must return to the fold of the ICC, rejoin the community of nations who have recognized the need for an international body of nations who have recognized to go after the perpetrators of the most terrible crimes against humanity,” de Lima added.

Prosecution under R.A. 9851

In addition, de Lima said Duterte can also be prosecuted under R.A. 9851.

“The crime of extrajudicial killings carried out by state security forces and their agents in the implementation of the war on drugs falls under the general category of other crimes against humanity  under Section 6. [And] according to Section 8, a person who orders, solicits or merely induces the systematic attack on the civilian population and which thereafter occurs or is attempted is liable as a principal,” de Lima said.

“The same applies to anyone who contributes to the commission of the crime by a group of persons acting with a common purpose,” she added.

Further, de Lima said that Section 9 of the same law provides that “the official capacity as a head of state or government shall in no case exempt a person from criminal responsibility under this Act, nor shall it, in and of itself, constitute a ground for reduction of sentence.”

“The crimes defined and penalized under this Act, their prosecution, and the execution of sentences imposed on their account, will not be subject to any prescription. Puwede po silang tugisin habambuhay,” de Lima stressed.

(They can be pursued for eternity.)

In closing, de Lima said Duterte should just admit liability over the drug war slays.

“Aminin mo na, Pangulong Duterte. Aminin mo ‘yung kasalanan mo sa akin, ‘yung pinag-initan niyo na lang ako, inimbento niyo ‘yung mga kaso against me, aminin mo na rin na ikaw talaga ang pinaka-involved, bilang mastermind, nag-utos, nag-induce. Nakikita natin 'yan, lumalabas na 'yan lahat ngayon,” de Lima said.

(You should admit to what you did, your sins against me, that you targeted me, you fabricated cases against me. Admit it that you are the mastermind, who gave orders, induced all of these to happen. These are all being revealed now.) 

“’Iyan yung pag-form ng special task force headed by Colonel [Edilberto] Leonardo according to Colonel [Royina] Garma. Aminin na niya sanapara matahimik na rin yung mga biktima, matahimik ‘yung mga pamilya ng biktima na matagal-tagal na umaasa o humihingi ng hustisya,” de Lima added.

(There's the special task force formed. Admit it so the victims and their families who have long waited for justice can feel relief.) 

Duterte and other top officials of his 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/BM, GMA Integrated News