Duterte slams ICC anew amid pending probe into drug war
By Alexandra Kate Ramirez and Elaine Diaz
Prior to the end of President Rodrigo Duterte’s term, the International Criminal Court (ICC) formally authorized the probe into the alleged crimes against humanity in the administration’s war on illegal drugs. The investigation will focus on the crimes committed from the year Duterte took office on July 1, 2016 through March 19, 2019.
On September 15, the ICC pre-trial chamber reported having a reasonable basis for the court led by Prosecutor Karim Khan to proceed with the investigation as specific legal elements have been met in the crackdown that led to the death of thousands of victims. Following the decision, Duterte has constantly reiterated his non-acceptance of international jurisdiction over the Philippines’ war on drugs. The president also said that he would rather be imprisoned in Muntinlupa, where the New Bilibid Prison is located, than be investigated by white judges outside the Philippines.
ICC’s cards against Duterte
In a 41-page decision, the pre-trial chamber stated that the implemented campaign is not considered a legitimate law enforcement operation because of the lack of due process and the use of unreliable and often unverified drug watch lists. The evidence presented includes 204 victims’ representation for 1,530 individual victims and 1, 050 families, with 94% of them favoring the investigation.
According to ICC, evidence suggests that a state policy authorized the attacks and killings against the civilian population on official and outside operations. Furthermore, the perpetrators of the crackdown, particularly state forces, received cash fees, promotion into office, or awards for the killings committed in the name of the campaign.
The pre-trial chamber also cited Duterte and other officials’, such as then Philippine National Police (PNP) chief Ronald Dela Rosa, for frequent pronouncements of violent rhetoric, which encouraged the killing of alleged drug dealers and users.
On the other hand, indicated in the supporting materials presented by the ICC is the failure of Philippine authorities to investigate and prosecute the killings. The chamber emphasized the limited cases that have proceeded to trial, such as the murder of Kian Delos Santos, while others remain to be deaths caused by circumstances of officers acting in self-defense.
In particular, Philippine authorities such as the PNP have reported ignorance and violation of the operational procedures and international standards about lethal force. Markedly similar crimes were also noted to be committed under the campaign outside police operations by vigilantes, although ICC suggests that some were, in fact, police personnel. In contrast, other private citizens were also recruited, coordinated, and paid by police forces to execute civilians.
Instead of prosecution, the Presidential Communications Operations Office (PCOO) reported 16,355 drug war deaths among the Duterte administration’s key accomplishments in 2017.
As Duterte’s term nears its end, human rights groups have estimated 27, 000 to 30, 000 deaths in his drug war. The ICC then claimed that the poor and low-skilled residents, especially those working in the informal economy, as the most targeted sectors.
Duterte camp responds
Last November 4, Duterte reiterated his refusal to participate in any probe launched by the ICC, insisting that he does not accept its international jurisdiction over the Philippines’ war on drugs.
“Sabihin ko ito lahat sa mukha nila. Jurisdiction? Ako? Ako haharap ng mga judges na puti? P***** i** nila. Ako? Haharap ako ng Filipino judges, hindi kayo,” Duterte stressed.
Underpinning Duterte’s claim, Senator Bato Dela Rosa stated that he will allow the ICC to come to the country as observers, but allowing them to conduct an investigation would be a slap to the Philippines’ perfectly functioning judicial system.
Dela Rosa also denied any human rights violation committed by the administration, as he brazenly questioned the integrity of international human rights group, Amnesty International (AI), regarding its report on the country’s drug war killings. He then accused AI of being biased and fed with lies.
Just before this event, Dela Rosa was getting the jitters over the ICC’s investigation on the drug war he led as the President’s first police chief. Duterte immediately reassured his loyal ally, saying that he will assume full responsibility since the ex-chief was just following his orders.
Hope amidst impunity
The Duterte administration remains firm that there exists a robust justice system for the drug war victims; however, only six months remain in his term, only the killing of Kian delos Santos in 2017 has seen conviction. The ICC pre-trial underpins the reality that authorities have failed to conduct meaningful investigations, let alone deliver justice to these murders.
“The most important thing to say is that the war on drugs isn’t a war and it’s not against drugs. That, in fact, is an assault on ordinary poor Filipino people… It’s not effective for either purpose, but violates all standards of human rights. So it’s illegitimate. It’s excessive, it’s wrong and it’s not effective for its so-called goal,” Reverend Dr. Chris Ferguson, one of the high commissioners for Investigate PH, said on November 3 during a national conference in Vancouver.
Moreover, the ICC’s probe on Duterte’s alleged crimes against humanity is a reminder that amidst the culture of impunity, even a head of state can be held accountable for such atrocities.
As Bayan Muna Rep. Carlos Isagani Zarate asserted, the investigation is a just and correct legal position, as criminals cannot simply run away from accountability for heinous crimes, also noting prosecutor Fatou Bensouda’s statement that there were reasonable grounds to believe that thousands were unlawfully killed under Duterte’s drug war.
“A whiff of good news long-awaited in the midst of this climate of impunity that is running amok in the country today. The time for reckoning and accountability is near. We hope the investigation would start in earnest, to stem the increasing and rampant killings in the country,” said Zarate.
