International Criminal Court investigation in the Philippines

Situation in the Republic of the Philippines

The seal of the International Criminal Court
File no.	ICC-01/21
Date opened	July 15, 2021 (2021-07-15)
Incident(s)	Philippine drug war
Crimes	crimes against humanity:
Status of suspect

The International Criminal Court investigation in the Philippines, or the situation in the Republic of the Philippines, is an ongoing investigation by the International Criminal Court (ICC) into alleged crimes against humanity committed during the Philippine drug war.

The Philippines announced its intention to withdraw from the Rome Statute on March 14, 2018, about a month after the ICC launched a preliminary investigation into the situation in the country. The withdrawal was finalized a year later, on March 16, 2019. Since the Philippines is no longer a state party to the Rome Statute, the investigation will only cover the period when the treaty was in force in the country—between November 1, 2011, and March 16, 2019. The Supreme Court of the Philippines, in a 2021 ruling, commented on the withdrawal and stated that the Philippines still has an obligation to cooperate in the ICC proceedings.

Background

Davao Death Squad

Further information: Davao Death Squad

The Davao Death Squad (DDS), a Davao City–based vigilante group linked to Rodrigo Duterte, is estimated to have killed at least a thousand people since the 1990s.^[1] According to Human Rights Watch, the group mostly targeted alleged drug dealers, petty criminals, and street children and was involved in forced disappearances, summary executions, and drug dealing.^[2][3]

During an October 2016 Philippine Senate inquiry into extrajudicial killings, opposition Senator Leila de Lima presented a witness, Edgar Matobato, a self-confessed former member of the DDS;^[4] Matobato testified that the DDS was taking orders from Duterte and claimed that Duterte himself, while he was still mayor of Davao City, had killed a member of the Department of Justice with an Uzi submachine gun.^[5] Duterte dismissed Matobato's claims as a lie,^[4] and the Senate probe was terminated on October 13, 2016, for lack of evidence.^[6] Arturo Lascañas, a retired police officer who initially denied being a member of the group in the Senate hearing, retracted his statement a year later, backed up Matobato's accusations, and admitted to killing 200 people as a DDS member, claiming that they "were motivated by the reward system ... when a killing is ordered and there's a price".^[7][8][9]

Philippine drug war

Further information: Philippine drug war and Presidency of Rodrigo Duterte

A day after the 2016 presidential election, presidential forerunner Duterte said, "I will be a dictator [...] but only against forces of evil – criminality, drugs and corruption in government", and vowed that if he failed to fulfill his promise to end crime, corruption, and drugs within the first six months of his term, he would step down from the presidency.^[10] On July 1, the day after the inauguration of Duterte as president, the Philippine National Police (PNP) launched Project Double Barrel, marking the beginning of the Philippine drug war.^[11]

From his presidential campaign to the end of his presidency, President Duterte made multiple remarks to kill criminals and drug syndicates. He has also given law enforcers "shoot-to-kill" orders for criminals and drug syndicates, further assuring their protection from prosecution and would go to jail for them.^[12]

By the end of Duterte's term, the number of drug suspects killed since Duterte took office was officially tallied by the Philippine government as 6,252.^[13] Human rights groups, including the ICC, however, claim drug casualties reached as high as 12,000 to 30,000^[14] and the killings reached their peak between 2016 and 2017.^[15][16]

History

On October 13, 2016, about four months into the Philippine drug war, ICC prosecutor Fatou Bensouda expressed deep concern over reports of extrajudicial killings of alleged drug dealers and users in the Philippines, stating that the ICC would be "closely following developments" in the country to assess whether to open a preliminary examination if necessary.^[17] The following month, on November 17, President Duterte threatened to follow Russia's lead^[a] by withdrawing the Philippines from the ICC, which he called "useless" in Filipino.^[18][19]

On April 27, 2017, Filipino lawyer Jude Sabio submitted a 77-page document to the ICC titled "The Situation of Mass Murder in the Philippines", requesting charges of mass murder and crimes against humanity against President Duterte and 11 other officials.^[20][21] However, in January 2020, Sabio retracted his allegations and requested the ICC to dismiss the charges, adding that his 2017 case was an orchestrated move by the Liberal Party, notably Senators Antonio Trillanes and Leila de Lima, to discredit Duterte;^[22] Sabio's request was rejected by the ICC, who asserted that it "cannot effectively destroy or return information once it is in its possession or control".^[23]

Inquiries on the drug war were held by the House of Representatives' Quad Committee and the Senate Blue Ribbon sub-committee in October 2024. Duterte attended the Senate inquiry and transcripts from the hearings was later submitted to the ICC by Duterte's staunch critic, former Senator Antonio Trillanes.^[24][25]

Jurisdiction

The Philippines signed the Rome Statute of the International Criminal Court (ICC) on December 28, 2000, and ratified it on August 30, 2011. The treaty came into force in the country on November 1, 2011.^[26] On March 14, 2018, a month after the ICC opened a preliminary investigation into the situation in the Philippines, President Duterte said in a statement that "the Philippines is withdrawing its ratification of the Rome statute effective immediately".^[27][28] Duterte rebuked the idea of permitting foreigners to interfere in the country's justice system and his administration emphasized that cases against him should be filed before the national courts;^[29][30] additionally, he argued that the Rome Statute, which was ratified by the Senate in 2011, was never binding in the Philippines as it was never published in the Official Gazette, a requirement for a law in the country to take effect.^[31] However, in accordance with article 127 (1) of the treaty, the withdrawal shall only take effect "one year after the date of receipt of the notification".^[32] Two days later, on March 16, the Philippines formally notified the secretary-general of the United Nations of its decision to withdraw from the Rome Statute.^[33] The country officially left the ICC one year later, on March 17, 2019.^[34]

The jurisdiction of the ICC investigation in the Philippines will be limited to the period when the country was a state party to the Rome Statute, between November 1, 2011, and March 16, 2019, encompassing almost three years of Duterte's presidency, during which the Philippine drug war was at its height.

The Philippine Supreme Court, in a 2021 ruling, commented on the withdrawal from the Rome Statute and stated that the Philippines still has an obligation to cooperate in the ICC proceedings.^[35]

The administration of president Bongbong Marcos which succeeded Duterte in June 2022, maintained that the ICC has no jurisdiction in the Philippines.^[36] He argued that the Philippines has a "working justice system" and hence does not warrant a probe by the ICC.^[37] This is despite the ICC meant to be complementary to domestic court systems and only prosecute cases only if "when States do not or are unwilling or unable to do"^[38]

In October 2024, former Senator Leila de Lima said that there is no legal obstacle to prevent the Philippine government's cooperation with the ICC citing Republic Act 9851 or the "Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity" including the surrender or extradition of accused persons "to the appropriate international court". The 2009 law came into effect two years before the Philippines ratified the Rome Statute.^[39][40]

Investigation

On September 15, 2021, the ICC's Pre-Trial Chamber I authorized the prosecutor of the International Criminal Court to open an investigation of crimes within the court's jurisdiction in the Philippines, spanning between November 1, 2011, and March 16, 2019.^[41]

The administration of president Bongbong Marcos insisted that the ICC no longer has jurisdiction over the Philippines. Regardless, the government has allowed the ICC to conduct its investigation in the Philippines independently.^[42][43]

Response

Philippine government

On March 13, 2018, the Philippines withdrew its membership from the Rome Statute of the International Criminal Court (ICC). President Duterte justified the withdrawal by accusing the ICC and the United Nations of "crusading" against him and condemning the UN's "baseless, unprecedented and outrageous attacks" on him and his administration.^[27]

In September 2021, the government of the Philippines announced that it would not cooperate with the ICC on their investigation and would bar their investigators from entering the country.^[44] However by 2024, the government under the succeeding Bongbong Marcos administration has said it cannot stop investigators to act independently despite the state's continued non-cooperation.^[42][43]

Notes

1. Russia signed the Rome Statute in 2000 but never ratified it. It later withdrew its signature in 2016 (see: States parties to the Rome Statute#Russia).

References

1. Phippen, J. Weston (September 15, 2016). "A Former Hitman Says the Philippine President Once Ran a Hit Squad". The Atlantic. Retrieved October 8, 2021.
2. You Can Die Any Time: Death Squad Killings in Mindanao (PDF). New York City: Human Rights Watch. 2009. ISBN 978-1-56432-448-1. Retrieved January 11, 2023.
3. "PHILIPPINES: Filipino journalists face brutal death squads". Taipei Times. April 4, 2005. Archived from the original on February 22, 2007. Retrieved January 11, 2023 – via AsiaMedia.
4. Regalado, Edith (September 20, 2016). "All lies, Duterte says of Matobato testimony". The Philippine Star. Archived from the original on September 19, 2016.
5. Luu, Chieu; Ap, Tiffany; Quiano, Kathy (September 15, 2016). "Philippines President 'ordered death squad hits while mayor,' alleged hitman claims". CNN. Retrieved July 19, 2023.
6. Suarez, KD (October 13, 2016). "Senate ends probe: Neither Duterte nor state sponsored killings". Rappler. Archived from the original on October 14, 2016.
7. McKirdy, Euan; Bernal, Buena (March 6, 2017). "Self-proclaimed death squad chief: I killed almost 200 for Duterte". CNN. Retrieved July 20, 2023.
8. Quiano, Kathy; Westcott, Ben (February 20, 2017). "Ex-Davao Death Squad leader: Duterte ordered bombings". CNN. Retrieved July 20, 2023.
9. Patag, Kristine Joy (June 16, 2021). "Here's why the 'Davao Death Squad' was included in the ICC 'drug war' probe". The Philippine Star. Retrieved July 20, 2023.
10. Gutierrez, Jason; Ap, Tiffany; Sawatzky, Rob (May 10, 2016). "Philippines' Duterte vows to be a 'dictator'". CNN. Retrieved October 8, 2021.
11. "Command Memorandum Circular No. 16 – 2016" (PDF). Philippine National Police. National Police Commission. July 1, 2016. Retrieved July 18, 2023.
12. Peña, Kurt Dela (September 17, 2021). "'Kill, kill, kill': Duterte's words offer evidence in ICC". Philippine Daily Inquirer. Retrieved July 19, 2023.
13. Sarao, Zacarian (June 22, 2022). "6,252 drug suspects killed as of May 31 – PDEA". Philippine Daily Inquirer. Archived from the original on June 21, 2022. Retrieved August 2, 2024.
14. Cabuenas, Jon Viktor D. (July 17, 2022). "ICC calls on Philippine gov't to comment on reopening of drug war probe". GMA News Online. Archived from the original on July 17, 2022. Retrieved August 2, 2024.
15. Simons, Margaret (January 11, 2023). "The Philippines Is Losing Its 'War on Drugs'". Foreign Policy. Retrieved July 19, 2023.
16. Kishi, Roudabeh; Buenaventura, Tomas (November 18, 2021). The Drug War Rages on in the Philippines: New Data on the Civilian Toll, State Responsibility, and Shifting Geographies of Violence (Report). Armed Conflict Location and Event Data Project.
17. "Philippines drug crackdown prompts warning from ICC". The Guardian. Associated Press. October 14, 2016. ISSN 0261-3077. Retrieved July 18, 2023.
18. Ranada, Pia (November 17, 2016). "Duterte threatens PH withdrawal from ICC". Rappler. Retrieved July 18, 2023.
19. "Philippines' Duterte calls Western threats of ICC indictment hypocritical". Reuters. November 28, 2016. Retrieved July 18, 2023.
20. Domonoske, Camila (April 24, 2017). "Lawyer In Philippines Accuses President Duterte Of Crimes Against Humanity". The Two-Way. NPR. Retrieved July 18, 2023.
21. Paddock, Richard C. (April 24, 2017). "Charge Rodrigo Duterte With Mass Murder, Lawyer Tells The Hague". The New York Times. ISSN 0362-4331. Retrieved July 18, 2023.
22. Lagrimas, Nicole-Anne C. (January 14, 2020). "Lawyer Jude Sabio withdraws one of ICC cases vs. Duterte". GMA News Online. Archived from the original on January 23, 2022. Retrieved August 3, 2024.
23. Yap, D. J. (January 16, 2020). "ICC prosecutor: Probe of Duterte can't be stopped". Philippine Daily Inquirer. Archived from the original on January 16, 2020. Retrieved August 3, 2024.
24. Villanueva, Gillian; de Villa, Kathleen; Santos, Tina (October 31, 2024). "Trillanes: ICC given Duterte 'death squad' transcript". Philippine Daily Inquirer. Retrieved October 31, 2024.
25. Panti, Llanesca (October 30, 2024). "Trillanes submits Duterte's statements on killings to ICC". GMA News Online. Retrieved October 31, 2024.
26. "Rome Statute of the International Criminal Court". United Nations Treaty Collection. May 16, 2019. Retrieved May 16, 2019.
27. "Duterte to quit ICC over drugs inquiry". BBC News. March 14, 2018. Retrieved October 8, 2021.
28. Ellis-Petersen, Hannah (March 14, 2018). "Rodrigo Duterte to pull Philippines out of international criminal court". The Guardian. Retrieved October 8, 2021.
29. "Philippine's Duterte urges nations to abandon ICC". DW News. March 18, 2018. Archived from the original on March 18, 2018. Retrieved August 3, 2024.
30. Cabico, Gaea Katreena; Patag, Kristine Joy (April 17, 2019). "Philippines becomes second country to quit ICC". The Philippine Star. Archived from the original on April 17, 2019.
31. Kabiling, Genalyn (July 29, 2021). "Duterte still has no copy of Rome Statute; ICC pullout an 'empty gesture' due to treaty's non-publication". Manila Bulletin. Archived from the original on July 28, 2021.
32. Cigaral, Ian Nicolas (March 14, 2018). "Can the Philippines leave the ICC without Senate concurrence?". The Philippine Star. Retrieved July 21, 2023.
33. "Philippines informs U.N. of ICC withdrawal, court regrets move". Reuters. March 16, 2018. Retrieved July 21, 2023.
34. Gutierrez, Jason (March 17, 2019). "Philippines Officially Leaves the International Criminal Court". The New York Times. ISSN 0362-4331. Retrieved July 21, 2023.
35. Lopez, Virgil (July 21, 2021). "Philippines obliged to cooperate with ICC despite withdrawal —Supreme Court". GMA News Online. Retrieved October 20, 2024.
36. Bajo, Anna Felicia (February 20, 2024). "Marcos firm on not recognizing ICC jurisdiction over PH". GMA News. Retrieved October 31, 2024.
37. Flores, Helen (October 15, 2024). "'No return to ICC despite findings by quad comm'". The Philippine Star. Retrieved October 31, 2024.
38. "VERA FILES FACT CHECK: Marcos' claim on the purpose of ICC misleads". Vera Files. March 13, 2024. Retrieved October 31, 2024.
39. Panti, Llanesca (October 22, 2024). "De Lima: Gov't can't stop ICC from investigating Duterte's drug war". GMA News. Retrieved October 31, 2024. In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime
40. "Why a little-known domestic law could lead Philippines' Duterte to an ICC trial". South China Morning Post. October 23, 2024. Retrieved October 31, 2024.
41. Regencia, Ted (September 15, 2021). "ICC agrees to open investigation into Duterte's 'war on drugs'". Al Jazeera. Retrieved July 21, 2023.
42. Bautista, Jane (July 31, 2024). "SolGen: Gov't will not stand in way of ICC probe". Philippine Daily Inquirer. Retrieved October 31, 2024.
43. Casilao, Joahna Lei (August 13, 2024). "Guevarra maintains gov't cannot stop ICC from interviewing suspects". GMA News. Retrieved October 31, 2024.
44. Lema, Karen; Morales, Neil Jerome (September 16, 2021). "Philippines refuses to work with ICC 'war on drugs' probe". Reuters. Retrieved July 18, 2023.

External links

• Situation in the Republic of the Philippines – International Criminal Court
• TIMELINE: ICC's probe into PH drug war by CNN Philippines
• TIMELINE: The International Criminal Court and Duterte's bloody war on drugs by Rappler