By: Katherine Hewitt
Impunity Watch Reporter, Asia
MANILA, Philippines – In a statement on Wednesday, March 14, President Duterte announced that he plans to remove the Philippines from the International Criminal Court (ICC). In accordance with the ICC treaty, the withdrawal will take place a year after official notification of intent to withdraw is received.
The Court opened a preliminary examination into the Philippines as of February 8, 2018 in the context of its “war on drugs.” Findings would be used to determine if investigations for a criminal case should take place. The Court is following the extra-judicial killings that began in July 2016.
Duterte originally allowed the preliminary examination to proceed hoping that the investigation would end accusations of crimes against humanity. However, in his speech, Duterte said his withdrawal was because of “baseless, unprecedented and outrageous attacks” and the ICC prosecutor seeking jurisdiction “in violation of due process and presumption of innocence.”
Authorities believe that there is no need for the ICC to get involved in the situation. In the ICC founding statute, the Court has jurisdiction over a situation only when the country is unable or unwilling to investigate genocide, crimes against humanity, war crimes, and crimes of aggression. Harry Roque, spokesman for Duterte, said that local authorities and the national criminal justice system are capable of carrying out investigations and plan to look into those who violate the laws. Duterte also states that these killings are not crimes against humanity but rather accidental killings of self defense during legitimate police operations.
Yet, international human rights organizations don’t agree. No public evidence of in regards to the extra-judicial killings is available. Human Rights Watch reported, “No one has been meaningfully investigated, let alone prosecuted, for any of the ‘drug war’ killings.”
For more information, please see:
International Criminal Court – Statement of the Prosecutor of the International Criminal Court, Mrs Fatou Bensouda, on opening Preliminary Examinations into the situations in the Philippines and in Venezuela – 8 February 2018