ICC Authorizes Probe Into Duterte's War On Drugs, Davao Killings
Citing widespread and systematic attack against the people, the International Criminal Court Pre-Trial Chamber I has authorized the conduct of an investigation into alleged crimes against humanity in relation to President Duterte's war on drugs.
A pre-trial chamber of the International Criminal Court (ICC) has authorized the opening of a formal investigation into alleged crimes against humanity committed in the Philippines in relation with the Duterte administration’s deadly war against illegal drugs.
Citing widespread and systematic attack against the civilian population, the ICC Pre-Trial Chamber I on Wednesday night, Sept. 15, released its 41-page decision granting the request of the ICC prosecutor to commence a probe into the situation in the Philippines.
“The chamber concludes that there is a reasonable basis for the Prosecutor to proceed with an investigation, in the sense that the crime against humanity of murder appears to have been committed, and that potential case(s) arising from such investigation appear to fall within the Court’s jurisdiction,” read the decision.
It ruled that the specific legal element of the crime against humanity of murder 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.”
The investigation will also cover the killings in the Davao area between Nov. 1, 2011 to June 30, 2016 when Duterte was either the mayor or vice mayor of Davao City.
Earlier cases will not be covered as the Philippines only joined the ICC on Nov. 1, 2011.
The decision was signed by Judges Péter Kovács, Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera.
According to the ICC, the chamber examined the request and the supporting materials submitted by the office of ICC prosecutor, as well as representations submitted by 204 victims or their relatives from June to August 2021.
Last June, then-ICC prosecutor Fatou Bensouda announced that her office has concluded the preliminary examination into the situation in the Philippines and has requested for judicial authorization to proceed with an investigation.
She said there is reasonable basis to believe that crimes against humanity of murder have been committed in the Philippines in relation to the Duterte administration’s deadly war against illegal drugs.
“Information obtained by the prosecution suggests that state actors, primarily members of the Philippine security forces, killed thousands of suspected drug users and other civilians during official law enforcement operations,” read the public redacted version of the request.
Systematic, widespread attack
In its decision, the ICC pre-trial chamber noted that supporting materials established a widespread and systematic attack against the civilian population in the context of the war on drugs.
“Its widespread character is indicated by the estimates of the aggregate number of victims, as well as by its territorial extent, comprising the entire territory of the Philippines,” it noted.
“The systematic character of the attack against the civilian population, on the other hand, is discernible at this stage on the basis of the same considerations as expressed just above with respect to the policy requirement,” it added.
The chamber also cited state policy to commit an attack, citing pronouncements made by Duterte and former Philippine National Police chief and now Sen. Ronald Dela Rosa.
It noted the marked increase in killings of persons allegedly involved with drugs when Duterte assumed the presidency, as well as the reduction of the number of killings during instances when the drug war was suspended.
“The supporting material indicates that the Philippine authorities have failed to take meaningful steps to investigate or prosecute the killings. It appears that only few cases have proceeded to trial, and that only the case of the murder of Kian Delos Santos has proceeded to judgment,” read the decision.
“In fact, the Presidential Communications Operations Office listed the deaths of ‘drug personalities’ in anti-drug operations among the key accomplishments in ‘The Duterte Administration Year-End Report’ for the year 2017,” it added.
Davao killings
The ICC judges authorized the inclusion of killings in the Davao area before Duterte assumed office.
According to the ruling, “there exists information sufficiently linking the killings in the Davao area in 2011-2016 to the relevant facts of the so-called ‘war on drugs’ campaign.”
“In particular, there are records of public statements by Rodrigo Duterte supporting and encouraging the killing of petty criminals and drug dealers in Davao. These public statements are similar to those made before and during the so-called ‘war on drugs’ campaign, and indeed appear to form a coherent progression,” it added.
The decision said there is an indication of the systematic involvement of security forces in the killing, particularly the so-called Davao death squad.
It cited similarities in modus operandi, adding that some people who were allegedly involved appear to be the same.
For this reason, the Chamber considers, at the present stage, and to the required standard, that there are similarities between the killings in the Davao area in 2011-2016 and the so-called ‘war on drugs’ campaign which merit further investigation,” it added.
Jurisdiction
The Duterte administration has repeatedly argued that the ICC no longer has jurisdiction on the matter after the country’s withdrawal from the body took effect in 2019.
But according to the ICC pre-trial chamber, the court retains jurisdiction with respect to alleged crimes that occurred in the Philippines while it was a state Party, from Nov. 1, 2011 up to March 16, 2019.
“This is in line with the law of treaties, which provides that withdrawal from a treaty does not affect any right, obligation or legal situation created through the execution of the treaty prior to its termination,” it said.
“The Court’s exercise of such jurisdiction is not subject to any time limit, particularly since the preliminary examination here commenced prior to the Philippines’ withdrawal,” added the decision.
The investigation will be conducted by Bensouda’s successor, Karim Khan.
Read More: ‘ICC Can Pursue Phl Probe Sans Gov’t Cooperation’
