ICC’s probe on Duterte’s drug war goes on despite petitions to suspend

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The International Criminal Court (ICC) junked the Philippine government’s appeal to suspend the ongoing probe into former president Rodrigo Duterte’s war on drugs.

An eight-page decision was issued on March 27 by the ICC Appeals Chamber. The Philippines failed to cite “persuasive reasons” to support its request to put off the investigation.

“At the outset, the Appeals Chamber observes that the Philippines did not include any reasons and arguments in support of the request for Suspensive Effect in its Notice of Appeal. It did so only in the Appeal Brief. The Appeals Chamber notes that it would have been preferable for the Philippines to have included its supporting arguments for the Request in the Notice of Appeal,” it read.

The ICC’s pre-trial chamber authorized the resumption of the probe in January 2023, with the Philippine government appealing to suspend it in February.

In the latest decision, the appeals chamber said the country failed to explain “how the alleged absence of a jurisdictional or legal basis for the resumption” of the investigation.

President Ferdinand Marcos Jr.’s chief lawyer for the government Menardo Guevarra and Justice Secretary Crispin Remula said Manila should have jurisdiction over the alleged crimes during the Duterte administration instead of the ICC.

The Philippines also fell short in explaining how the probe would have “far-reaching and inimical consequences” on suspects, victims, and witnesses.

The investigation looks into the alleged extrajudicial killings in Davao City while Duterte was still mayor from November 2011 to June 2016 as well as the thousands of deaths under his “war on drugs” as president.

Related: Duterte says you will never hear his apology on drug war deaths

In May 2022, the Philippine Drug Enforcement Agency reported that 6,248 individuals died due to the controversial drug war. Human rights groups give a bigger number of over 30,000.

President Ferdinand Marcos Jr. rejected cooperation with the ICC on the drug war probe, calling it a “threat to Philippine sovereignty.”

photo from: Erik De Castro/Reuters

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