Gov’t drug probe appeals ‘jeopardize victims’ right to truth, justice, reparations’ – ICC

■ Abby Bilan

International Criminal Court

(ICC) Prosecutor Karim Khan expressed dismay over the repeated intervention of the Philippine government in attempts to halt the drug war investigation on the administration of former President Rodrigo Duterte which he requested the ICC pre-trial chamber to reopen twice.

In a statement released by the ICC on 21 March 2023, the Office of Public Counsel for Victims (OPCV) stands that these appeals delaying the probe only “jeopardi[z]e the victims’ right to truth, justice, and reparations.”

The ICC further issued a decision to allow the victims and victim groups to transmit views and concerns to the Appeals Chamber regarding the impeding of the drug probe.

Pursuant to Article 18 of the Statute, the victims were allowed to participate in the appeal proceedings to “ensure that the rights and interests of victims are protected and duly taken into account.”

This was after the Philippine government lawyers, led by Solicitor General Menardo Guevarra, filed an appeal brief dated 13 March 2023 to the Netherlands-based court to suspend its investigation on the Duterte administration’s drug-related killings citing “legal errors.”

Despite the Philippines’ withdrawal from the Rome Statute, the treaty that established the ICC, the prosecution argued that the court “retains jurisdiction with respect to alleged crimes that occurred on the territory of the Philippines while it was a State Party from 1 November 2011 up to and including 16 March 2019” which is stated in Article 127.

Human rights groups say that there are more than 30,000 drugrelated killings, thus, questioning the official government figure of 6,248 deaths, in which only three managed to reach court convictions.

‘Playing games’

Prior to the ICC’s prosecution addressing the validity of the jurisdiction that Marcos earlier inquired, the government stood by its position that the investigation is a “threat to sovereignty.”

Marcos later admitted the abuses committed in the course of his predecessor’s bloody campaign against drugs during a forum in Washington D.C. last 4 May 2023.

“In my view, what had happened in the previous administration is that we focused very much on enforcement. And because of that, it could be said that there were abuses by certain elements in the government and that has caused some concern with many, in many quarters, about the human rights situation in the Philippines,” he said.

Human Rights Watch Deputy Director Phil Robertson urged Marcos to “stop playing games with justice” and should instead decisively apprehend the perpetrators within the security forces.

Local killings

In Bicol, human rights group Karapatan recorded 783 documented incidents of human rights violations including 134 extrajudicial killings and 76 political prisoners from July 2016 until November 2022.

A family of a drug war victim in the region said in an interview, “Sana ngani po mataw-an na man hustisya gabos na naging biktima kan administrasyon ni Duterte. Kasi mga tao po ang saiyang pigpagadan, may karapatang mabuhay. May pamilya. Mayo siyang karapatang magkitil nin buhay.”

Regarding the resumption of the drug probe, Karapatan-Camarines Sur expressed for now that the positive development brings satisfaction to the victims and human rights advocates.

“Sana nga po ang mga taong sumusulong ng ganiyang imbistigasyon ay ‘wag sumuko na ipaglaban kung ano ang tama para sa mga taong naging biktima at sa mga katulad nating mahihirap at maliliit na mamamayan,” the kin added.

In September 2019, Defend Bicol Stop the Attacks Network was launched through a broad alliance to stand against attacks on human rights. This was a year after Duterte consecutively ordered the deployment of more state forces in Bicol and the establishment of National Task Force to End Local Communism and Armed Conflict (NTF-ELCAC) through Memorandum Order 32 and Executive Order No. 70, respectively.

The latter is also the same institution that red-tagged multiple universities, youth organizations, campus publications, and progressive groups.