By Artchil B. Fernandez
The Filipino people received their best Christmas gift this year amid the ravaging pandemic courtesy of the International Criminal Court (ICC) in The Hague. This week, ICC prosecutor Fatou Bensouda issued a report on the body’s preliminary examination in the case of Du30’s flagship program, the war against illegal drugs.
Bensouda’s December 14 report found that “there is reasonable basis” that crimes against humanity were committed in Du30’s favorite program, the bloody and gory war on illegal drugs. “The office is satisfied that information available provides a reasonable basis to believe that the crimes against humanity… torture… and the infliction of serious physical injury and mental harm as other inhumane acts… were committed in the territory of the Philippines between at least 1 July 2016 and 16 March 2019 in connection to the war on drugs campaign launched throughout the country,” her report said.
“The Office is satisfied that information available provides a reasonable basis to believe that the crimes against humanity of murder (Article 7(1)(a)), torture (article 7(1)(f)) and the infliction of serious physical injury and mental harm as other inhumane Acts (article 7(1)(k)) were committed on the territory of the Philippines between at least 1 July 2016 and 16 March 2019, in connection to the WoD campaign launched throughout the country,” the report highlighted. Furthermore, the report said that the ICC prosecutor’s office will conclude its preliminary examination in the middle of next year. It “anticipated reaching a decision on whether to seek authorization to open an investigation by the first half of 2021.”
Once the preliminary examination officially confirms there is “reasonable basis” to initiate an investigation, the prosecutor can seek authorization to conduct the investigation. During the investigation, pieces of evidence are collected by investigators, cooperation advisers and if necessary prosecutors. Based on the gathered evidence, the prosecutor can request ICC judges to issue arrest warrants or summonses to accused persons. The day of reckoning is near for those who slaughtered thousands of Filipinos.
In April 2017, a complaint was filed before the ICC urging the international tribunal to investigate Du30 and eleven senior officials in his administration for crimes against humanity for the butcher of at least 5,942 (official police figure) to as high as 30,000 people (estimated figure by human rights groups and independent observers) in relation to the war against illegal drugs.
A supplemental complaint was filed in June 2017.
The other officials named in the complaint were former Justice Secretary Vitaliano Aguirre, former House Speaker Pantaleon Alvarez, then PNP chief and now senator Bato de la Rosa, Supt. Edilberto Leonardo, Supt. Royina Garma, former Interior and Local Government Sec. Ismael Sueno, SPO4 Sanson “Sonny” Buenaventura, former National Bureau of Investigation Director Dante Gierran, Solicitor General Jose Calida, Senator Richard Gordon and then-Senator Alan Peter Cayetano.
ICC prosecutor Fatou Bensouda opened a preliminary examination on the complaint in February 2018. Outraged by the ICC action, Du30 withdrew the country from the ICC in March 2018 through a dubious claim that the treaty was never published in the Official Gazette or newspaper of national circulation.
The Philippines become a member of the ICC in 2011. The Instrument of Ratification of the Rome Statute was signed by President Noynoy Aquino on May 6, 2011 and on August 23, 2011 the Senate ratified the treaty with 17 votes, more than two-thirds of the required vote. On August 30, 2011, the Philippines deposited the Instrument of Ratification with the Secretary-General of the United Nations.
There is a pending case before the Supreme Court questioning Du30’s decision to withdraw from ICC. Section 22, Article VIII of the Constitution is clear. Senate concurrence by two-thirds voted (16) is needed for a treaty to become valid. It is implied that withdrawal also needs Senate concurrence. Treaty making is a joint act of the Senate and the Executive hence Du30 cannot just invalidate such act unilaterally.
Despite Du30’s withdrawal, the tribunal insists it has jurisdiction over the case. “In accordance with article 127, the withdrawal took effect on 17 March 2019. The Court retains jurisdiction over alleged crimes that have occurred on the territory of the Philippines during the period when it was a State Party to the Statute, namely from 1 November 2011 up to and including 16 March 2019,” the ICC stated.
Du30 called the ICC prosecutors fools in reaction to Bensouda’s report. He denied issuing orders for the killing of suspected drug addicts/pushers. “There are police who are (unruly). But to tell them to salvage people? I did not give such orders.” His spokesperson Harry Roque said the ICC investigation is a waste of time and money.
Dismissive statements will not save Du30 and others from possible prosecution. A recent report of the ICC prosecutor saying “there is reasonable basis” for crimes against humanity in connection to the war on drugs indicates an official investigation is forthcoming and after that issuance of arrest warrants. Du30 has reason to be scared. There is nowhere for him and eleven others to hide once the process of their prosecution begins. Should they travel abroad, especially to ICC member countries, they face arrest and being handed over to The Hague. They can only go to a handful of corrupt and repressive countries mostly in Africa and Asia. Worse for Du30 if an unfriendly administration comes to power in 2022. He and the 11 others will be handed to the ICC.
Justice and karma are catching up with Du30. He may have enjoyed butchering thousands of Filipinos he suspected involved in the illegal drugs trade, but the fun is coming to an end. Du30 may spend the remaining days of his life paying for his high crimes against the Filipino people.
