(We yield this space to the statement of the International Coalition for Human Rights in the Philippines due to its timeliness. – Ed.)
ON JULY 18, 2023, the Appeals Chamber of the International Criminal Court (ICC) confirmed the authorization for the ICC Prosecutor to resume its investigations of the crime against humanity of murder in the Republic of the Philippines. The Court dismissed the Philippine government’s ground of appeal that the Court cannot exercise its jurisdiction over the Philippines situation because the country withdrew from the Rome Statute. This was the final avenue of appeal for the government in its attempt to evade prosecution for crimes against humanity.
The Court had previously determined that the Philippine government had neither the capacity nor the willingness to investigate the crimes of murder committed during the “War on Drugs”, which constitute potential crimes against humanity. The Chamber had previously concluded, in the face of the Philippines’ earlier attempts to evade culpability, that the various domestic initiatives and proceedings, assessed collectively, do not amount to tangible, concrete and progressive investigative steps in a way that would sufficiently mirror the Court’s investigation.
The decision to proceed with the investigation aligns with the work of other bodies such as the 2021 Investigate PH Commission of Investigation which concluded that domestic measures were effectively not functioning, and there was no evidence to support the Philippine government’s contention that victims could find justice in the Philippine courts. The judicial system itself was in fact being wielded as an instrument in the Philippine government’s campaign of state terror.
The ICC decision to continue the pursuit of justice lays bare the Marcos administration’s culpability in shielding the Duterte regime’s policies of impunity and state terror that killed up to 30,000 or more, and victimized Filipinos for six long years. The Court continues to offer hope to victims and victims’ families in their pursuit of justice against the brutal war on drugs, on dissent and on the Moro and all Indigenous Peoples.
We continue to believe that justice will be served despite the administration’s decision to keep the Philippines outside the jurisdiction of the ICC and their ongoing attempts to cover-up crimes against humanity.
In the context of a dysfunctional judicial system the ICC plays an essential role in holding to account the actions of the former President, his officials and the military’s roles in these gross violations of human rights and crimes against humanity.
