ICC resumes probe into Philippines drug war

THE HAGUE, Netherlands – International Criminal Court judges on Tuesday rejected the Philippines’ appeal to halt a probe into the nation’s deadly anti-drug crackdown, clearing the way for the investigation to resume.

The so-called drug war launched under former president Rodrigo Duterte has killed thousands and drawn allegations of widespread rights violations.

The ICC launched a formal inquiry in September 2021, only to suspend it two months later after Manila said it was re-examining several hundred cases of drug operations that led to deaths at the hands of police, hitmen and vigilantes.

ICC chief prosecutor Karim Khan later asked to reopen the inquiry in June 2022 and pre-trial judges at the court gave the green light in late January, a decision which Manila appealed shortly afterwards.

Judges at a public hearing at the court’s headquarters on Tuesday “confirmed by majority… a decision granting authorisation to the ICC Prosecutor to resume the investigations in relation to the situation in the Philippines.”

A five-judge bench dismissed Manila’s objection that the court had no jurisdiction because the Philippines pulled out of the ICC in 2019, some three years before the inquiry was resumed.

“The Appeals Chamber by majority… finds that the Philippines sets out the alleged errors in a manner that renders unclear both the precise nature of its challenge as well as the legal basis pursuant to which the challenge is made,” presiding judge Marc Perrin de Brichambaut said.

De Brichambaut and another judge gave a dissenting opinion, meaning their own views differed from the finding by the majority.

‘Fight against impunity’

Bryony Lau, deputy Asia director at Human Rights Watch, said the ruling marked “the next step toward justice” for victims and their families.

“The Marcos administration should back up its stated commitment to human rights and the fight against impunity by following through on its international legal obligation to cooperate with the court’s investigation,” Lau said in a statement.

The Office of the Solicitor General, the government’s legal representative, said it was “disappointed” by the ruling, but insisted the Philippines would continue with its own probe.

“The majority decision does not alter the fact that the Republic, through its various national and local agencies, remains fully committed to the internal investigation and prosecution of allegations connected to the anti-illegal drug campaign,” the office said in a statement.

“The Philippine Government will not be deterred by today’s outcome,” it added.

Philippines Justice Secretary Crispin Remulla, on the eve of the judgement, warned against foreign interference in the Philippines’ criminal justice system.

“We are not a colony, we are not a territory of another country,” he told reporters.

Karapatan, an alliance of human rights groups in the Philippines, welcomed the ruling.

“It is high time that the ICC investigation proceeds without a hitch so that the victims of Duterte’s bloody anti-drug war can finally tread the road towards justice and accountability,” Karapatan said in a statement.

At least 6,181 people have been killed in more than 200,000 anti-drug operations carried out, according to the latest official data released by the Philippines. ICC prosecutors estimate the death toll at between 12,000 and 30,000.