ON SEPTEMBER 15, 2021, the Pre-Trial Chamber I of the International Criminal Court (ICC) has authorized the formal investigation into the crimes committed and the anti-drug war in the Philippines.
While the Philippines withdrew from the Rome Statute on 2018, does the ICC retain its jurisdiction? Yes.
The Philippines was a State party to the Rome Statute since Nov. 1, 2011. It withdrew on March 17, 2018. The withdrawal took effect on March 17, 2019. The relevant crimes were committed between Nov. 1, 2011 and March 16, 2019. During these times, the ICC still has jurisdiction.
Is there a reasonable basis to proceed with an investigation? Yes.
Article 15 of the Rome Statute subjects the Prosecutorās power to open an investigation proprio motu to the judicial scrutiny of the Pre-Trial Chamber. Additionally, it provides that the Prosecutor shall submit to the Chamber a request for authorization of an investigation, together with any supporting material collected.
Based on the press release of the ICC, the Chamber āfound that there is reasonable basis to proceed with an investigation, noting that specific legal element of the crime against humanity of murder under Article 7(1)(a) of the Statute has been met with respect to the killings committed throughout the Philippines between 1 July 2016 and 16 March 2019 in the context of the so-called ‘war on drugs’ campaign, as well as with respect to the killings in the Davao area between 1 November 2011 and 30 June 2016.ā
Accordingly, the so-called ‘war on drugs’ campaign cannot be seen as a legitimate law enforcement operation and the killings neither as legitimate nor as mere excesses in an otherwise legitimate operation.
The determining factors by the Chamber were the killings during ābuy-bustā operations; killings allegedly occurred during Tokhang operations; killings during so-called āOne Time, Big Timeā operations; killings during other official operations; the claim of self-defense; killings committed outside of official law enforcement operations; aggregate number and geographic distribution of killings; and killings in the Davao area in 2011-2016.
These are crimes against humanity.
The Prosecutor submits that there is reasonable basis to believe that there is a relation between the identified individual killings and the attack. The basis of this is the geographic and temporal overlap between the attack and the identified crimes; the fact that in many instances the perpetrators of the identified crimes also appear to be responsible for the attack, and the fact that the same category of persons was both object of the attack and the victims of the identified crimes.
It is only appropriate for the Chamber to authorize the investigation. These are inhumane acts that also resulted to deprivation of liberty and enforced disappearance.
How long will the investigation take? President Duterteās term expires in June 2022, in less than nine months.
Will our government cooperate? This is something we cannot be certain./PN