By Artchil B. Fernandez
Philippine government’s plea to suspend investigation into Du30’s war on drugs while the International Criminal Court (ICC) hears its appeal was rejected this week by the tribunal. Last February, the Pre-Trial Chamber (PTC) of the ICC granted the request of ICC Prosecutor Karim Khan to resume the investigation on the war on drugs. The Philippine government immediately filed an appeal on the go signal to continue the prosecutor’s investigation. That is the appeal the ICC junked this week.
The implication is, ICC Prosecutor Karim Khan can now proceed with his probe on Du30’s bloody and gory war on drugs while the tribunal continues to hear the appeal of the Philippine government to suspend the investigation.
“The Appeals Chamber rejects the request of the Republic of the Philippines for suspensive effect of the aforementioned decision of Pre-Trial Chamber I,” the decision said. “Apart from merely referring to ‘far-reaching and inimical consequences’ or implications of the Prosecutor’s activities on suspects, witnesses and victims, the Philippines fails to provide any explanation as to what those implications may be and how the broad scope of the Prosecutor’s investigation at this stage of the proceedings would lead to consequences that ‘would be very difficult to correct and may be irreversible,’” the chamber added.
ICC decision to reject the petition of the Philippine government to suspend investigation came on the heels of a United States (US) report on the status of the prosecutions and convictions for extrajudicial killings in connection to the war on drugs. The 2022 Country Reports on Human Rights Practices, published by the US State Department found that there are only three convictions, prosecutions related to Du30’s war on drugs. “There were no prosecutions or convictions for extrajudicial killings in the year to October and just three since the start of the drug war in 2016,” the report said.
Three convictions/prosecutions is only a very small fraction of the case of mass killings involving thousands of suspected drug addicts/pushers in the war on drugs. Official PNP figure put the number of deaths to 6,252 as of May 31, 2022 while human rights groups estimated 27,000 to 30,000 perished in the orgy of blood and gore.
The insignificant number of prosecution/conviction in the war on drugs proves and clearly illustrates the lack of interest on the part of the Philippine government to investigate the mass slaughter. Using official PNP figure (6,252), three convictions/prosecutions represent 0.048 percent of the cases. This is the most compelling reason why the ICC has to intervene to give justice to the victims.
Determined effort of the Bongbong Marcos (BBM) administration to protect, shield and defend Du30 only strengthened the legal and moral position of the ICC to continue with the investigation. Du30 is the principal author of the war on drugs and the tough resolve of the current administration to shelter him is the strongest evidence that justice will never be served to those responsible for the senseless bloodbath and carnage. Immediate reaction of BBM to the ICC rejection affirms and confirms the known fact that victims of the war on drugs and their families can never get justice under his administration. Upon hearing the decision BBM declared his administration will now “disengage” with the ICC when asked of the government’s next move.
“We don’t have a next move. That is the extent of our involvement with the ICC. We have no longer any recourse when it comes to the ICC.”
BBM’s reflex reaction to recent decision of the ICC forced his Solicitor General Menardo Guevarra to explain the statement. “I’ll have to clarify with him that the appeal itself is still pending. It has not been denied. It has not been dismissed. We are simply awaiting the resolution of that appeal, which we don’t know when to come,” Guevarra said. “The president might have gotten the impression it was the appeal itself that was dismissed. So I’m sending him a memo today to clarify that the appeal is still on,” he revealed. BBM’s thoughtless response exposed his determination to protect Du30.
To shield Du30 from justice BBM and his officials persistently repeat the mantra that the ICC has no jurisdiction on the case and the investigation is an infringement of Philippine sovereignty. The matter however is settled by the Supreme Court. In 2021 the High Court ruled on the issue.
Voting unanimously (15-0), the Court declared that “Withdrawing from the Rome Statute does not discharge a state party from the obligations it has incurred as a member,” in a 101-page ponencia penned by Associate Justice Marvic Leonen. “Even if it has deposited the instrument of withdrawal, it shall not be discharged from any criminal proceedings. Whatever process was already initiated before the [ICC] obliges the state party to cooperate,” the High tribunal ruled. Furthermore, the Court also said that “Consequently, liability for the alleged summary killings and other atrocities committed in the course of the war on drugs is not nullified or negated here.”
It is clear and unequivocal. The High Court asserts ICC has jurisdiction on the case and the Philippine government is obliged to cooperate with the investigation.
The go-signal for the investigation to proceed indicates the ICC is closing in on Du30 and his officials responsible for the deaths of tens of thousands of Filipinos. BBM’s resolute defense of Du30 only exposed his allergy to human rights and unmasked the fakeness of his repackaged image. Like his father, justice is an anathema to him.
For Du30 and cahoots, their world is getting smaller as the long arms of justice will eventually get them regardless of BBM’s protection. They have nowhere to hide and will ultimately be held accountable for their crimes against humanity.
