ICC prosecutor sees ‘crimes against humanity’ in Philippines

WITH 2 years before he steps down, President Rodrigo Duterte may be investigated by the International Criminal Court (ICC) for his deadly campaign against illegal drugs.

The ICC has found reasonable basis to believe that Duterte's 4-year-old anti-narcotics drive spawned crimes against humanity, ABS-CBN reported and other Philippine media reported.

According to the “Report on Preliminary Examination Activities 2020,” Prosecutor Fatou Bensouda's office opened in February 2018 a preliminary probe into the slay of thousands of suspected drug users and peddlers, including those killed for allegedly resisting arrest or allegedly gunned down by law enforcers disguised as vigilantes. 

“The Office is satisfied that information available provides a reasonable basis to believe that the crimes against humanity of murder (article 7(1)(a)), torture (article 7(1)(f)) and the infliction of serious physical injury and mental harm as other inhumane Acts (article 7(1)(k)) were committed on the territory of the Philippines 48 between at least 1 July 2016 and 16 March 2019, in connection to the WoD campaign launched throughout the country,” Bensouda said in her report.

The report said the preliminary examination focused on allegations that Duterte and senior members of law enforcement agencies and other government bodies “actively promoted and encouraged the killing of suspected or purported drug users and/or dealers, and in such context, members of law enforcement, including particularly the PNP, and unidentified assailants have carried out thousands of unlawful killings throughout the Philippines.”

It also noted that many of the persons targeted “had been included on drug watch lists compiled by national and/or local authorities, and some of those targeted also included persons who had previously ‘surrendered’ to the police in connection with Oplan Tokhang.”

Bensouda said the Covid-19 pandemic and capacity constraints delayed her office's goal to conclude its preliminary examination of Duterte's drug war. “Nonetheless, the Office anticipates reaching a decision on whether to seek authorisation to open an investigation into the situation in the Philippines in the first half of 2021,” she said. 

The Philippines in March 2019 quit the ICC, though the world's only permanent war crimes tribunal pledged to pursue its examination of alleged illegal killings in Duterte's drug war.

ABS-CBN further reported that Malacañang said ICC had no jurisdiction over the Philippines following its withdrawal last year from the body. “Hindi po natin kinikilala ang hurisdiksyon ng ICC, at desisyon mismo ng ICC... Sayang lang ang pera at oras. Bahala po ang prosecutor kung gusto niyang magkaroon na naman ng pangalawang ruling na hindi pupuwedeng mag-imbestiga kung walang kooperasyon,” said lawyer Harry Roque, Duterte’s spokesman.

Last year, Duterte threatened to arrest Bensouda if she conducts an investigation in the Philippines, saying, the country was no longer a member of the ICC. “What is your authority now? If we are not members of the treaty, why are you ... in this country? You cannot exercise any proceedings here without basis. That is illegal and I will arrest you,” he said. (ABS-CBN. Mindanao Examiner contributed to this report.)

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