ICC appeals for ‘direct witnesses,’ including policemen, in drug war probe

The International Criminal Court (ICC) is urging individuals with knowledge of crimes committed during the Duterte administration's controversial war on drugs to reach out to the Hague-based tribunal.

In a public notice released in both Filipino and English, the ICC called on potential witnesses to share information about alleged crimes against humanity—including killings, torture, and sexual violence—that occurred between June 2016 and March 2019.

The ICC also addressed its appeal to members of the Philippine National Police (PNP) and other law enforcement agencies who were involved in the drug war operations.

The court has launched a website where interested witnesses may provide information anonymously.

The website doesn’t require names, but it asks users to fill out a form with their contact details, including a phone number and email address.

Witnesses will also need to specify their affiliation—whether they are members of the PNP, the National Bureau of Investigation (NBI), the Philippine Drug Enforcement Agency (PDEA), local government units, or are victims or witnesses to a crime.

In addition, the ICC is asking if witnesses have any evidence—whether in the form of documents, video recordings, or audio evidence—related to the crimes. The website also asks witnesses for a code word that the ICC would provide after initial contact to verify that they are communicating directly with the court.

The ICC's appeal comes just over two weeks after former President Rodrigo Duterte dared court representatives to go to the Philippines and investigate him.

“I am asking the ICC to hurry up and, if possible, if they can come here and start the investigation tomorrow,” Duterte said during the House QuadComm probe into drug war killings during his administration on November 13.

According to Atty. Kristina Conti, counsel for families of drug war victims, the online platform is significant, especially considering the Philippines is no longer a member of the ICC, which means the court cannot establish an office within the country to receive complaints or witness testimony.  

''Hindi mo kailangang bumili ng ticket, pumunta doon sa The Hague tapos sabihin — ganito, ganito po. Puwede na sa internet,'' Conti said in an interview.

(You don't need to buy a plane ticket to go to The Hague and provide your testimony. You can now do it via internet.)

''Ang palagay ko dito, naghahanap din sila ng dagdag na impormasyon na magko-connect kay Duterte doon sa mga patayan.''

(I believe the ICC is looking for additional information that can connect Duterte to the killings.)

While the ICC cannot guarantee witness protection for all individuals, Conti explained that the court does have a witness protection program in place.

If the information provided is deemed crucial to the trial, witnesses may be offered protection, which could include relocation either within the Philippines or to The Hague.

Conti also believes that the ICC’s appeal, with its anonymous feature, will encourage new witnesses to step forward.

Arrest warrant

Meanwhile, the families of alleged victims of Duterte’s war on drugs are hopeful that the ICC will issue an arrest warrant for the former president by December.

According to Conti, “We hope that by this year, the arrest warrant will be issued.” She added that even if the warrant is delayed, it could still come in the following year.

The Philippine National Police (PNP) has stated before that they are “ready to assist" the INTERPOL in executing any arrest warrants issued by the ICC.

If an arrest warrant is issued and Duterte is apprehended, he would first be transferred to a country that is a member of the ICC before being sent to The Hague for trial.

''Ang other member states ng ICC in the nearby region [are] Japan, South Korea, and Cambodia. They would be required to deliver him to the seat of the court, The Hague,'' Conti said.

(The nearby ICC member states are Japan, South Korea, and Cambodia. They would be required to deliver him to the seat of the court, The Hague.)

Duterte pulled the Philippines out of the Rome Statute—the treaty that established the ICC—in 2018, with the withdrawal taking effect in 2019, after the tribunal began a preliminary probe into his administration's drug war.

President Ferdinand Marcos Jr. has been firm in his stance that he will not recognize the jurisdiction of the ICC over the Philippines.

However, Department of Justice Undersecretary Raul Vasquez reiterated that the Philippine government would not interfere with the ICC’s actions.

“The government won’t assist nor obstruct their actions, consistent with our position that we are no longer bound by the Rome Statute,” he said in a text message to GMA Integrated News.

The DOJ is also probing alleged abuses in the previous administration's campaign against illegal drugs. — with a report from Jiselle Anne Casucian/VBL, GMA Integrated News