Sept 16,2021:The International Criminal Court (ICC) has formally authorised an official probe into alleged crimes against humanity in Philippine President Rodrigo Duterte’s “war on drugs”, dealing a moral victory to human rights defenders and families of victims killed, including innocent children.
In a statement issued on Wednesday, the Hague-based tribunal said there was “reasonable basis” to proceed with the probe noting that “specific legal element of the crime against humanity of murder” has been met in the crackdown that left thousands dead.
The ICC’s pre-trial chamber also said that while it recognises the Philippines’ duty to fight drug smuggling and addiction, 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 order to investigate was signed by Judges Péter Kovács, Reine Adélaïde Sophie Alapini-Gansou and María del Socorro Flores Liera.
The court said that its judges considered the evidence presented on behalf of at least 204 victims, and what they found suggested that a “widespread and systematic attack against the civilian population took place pursuant to or in furtherance of a state policy”.
The ICC also noted that they have reviewed supporting materials that indicate that Philippine authorities “failed to take meaningful steps to investigate or prosecute the killings.” It also noted that that perpetrators of the killings were even offered “cash payments, promotions or awards for killings in the so-called ‘war on drugs’ campaign.”
Former ICC prosecutor Fatou Bensouda filed the request to investigate just before her retirement in June, alleging that “state actors, primarily members of the Philippine security forces, killed thousands of suspected drug users and other civilians during official law enforcement operations.”
Bensouda’s successor, Prosecutor Karim Khan, will now oversee the actual probe and possible trial of the case.
When Bensouda’s recommendation was announced in June, Duterte dismissed the news saying it was “bulls**t” while threatening to “slap” the ICC magistrates.
In an interview with DZBB, a Manila-based radio station on Thursday, Salvador Panelo, the president’s legal counsel repeated previous statements staying that the Duterte administation will not cooperate with the investigation.
Panelo also said that ICC investigators would not be permitted to enter the country to conduct the probe.