PHL’s refusal to cooperate in drug war case increases possibility of ICC trial, says lawyer
THE PHILIPPINE government’s lack of cooperation in the International Criminal Court (ICC)’s probe on the anti-narcotics campaign of former President Rodrigo R. Duterte increases the possibility of a trial against him, a lawyer said at the weekend.
The Department of Foreign Affairs last week said it cannot facilitate the sending of invitations to resource persons from the ICC for the scheduled April 19 Senate probe seeking to oppose the international court’s investigation based on President Ferdinand R. Marcos, Jr.’s pronouncement that the country is “essentially disengaging from any contact, from any miscommunication with the ICC.”
This move is tantamount to “abandoning Mr. Duterte,” according to Neri J. Colmenares, chairman of the National Union of People’s Lawyers.
“Most likely there will be a trial against President Duterte because they won’t be submitting a defense or evidence [on the accused],” he said in a phone call.
The executive department’s decision also places the Philippines in the list of “rogue states” that “do not respect international human rights law,” Mr. Colmenares said.
He added that the Senate’s probe sends a message that “the Philippine government wants to investigate the ICC prosecutors but do not want the prosecutors to investigate here,” noting that it “does not give a good impression to the international community,” he said in Filipino.
The ICC pre-trial chamber in January reopened its investigation into killings and alleged crimes against humanity under ex-Mr. Duterte’s drug war.
The Hague-based tribunal said it was not satisfied with Philippine efforts to probe the human rights abuses during the period.
Mr. Duterte canceled the Philippines’ membership to the ICC, which took effect in March 2019.
Mr. Marcos has maintained that the ICC does not have jurisdiction over the Philippines, adding the country’s courts could punish erring officials.
“Many ICC trials proceeded even if the prosecutor did not go to the area [it is investigating],” Mr. Colmenares said. He cited the case of former Sudan president Omar Hassan Ahmad Al Bashir, who was charged of crimes against humanity, war crimes, and genocide over the 17-year Darfur conflict.
Michael Henry Ll. Yusingco, a lawyer and policy analyst, said via Messenger chat, “The real issue here is between the activists and relatives versus the Department of Justice and the Philippine National Police.”
“The Senate should also take the cue from the president and disengage with the ICC,” he said, noting that the Senate should invite activists and the relatives of the victims who filed the complaint with the ICC to their hearings and “ask them why they’re not confident about getting justice in our country.”
Mr. Yusingco added that the Justice department should be part of the Senate hearings to make their public response.
The Philippine government estimates that 6,117 suspected drug dealers were killed in police operations, but human rights groups have said as many as 30,000 people died.
Philippine police officers arrested 8,183 drug suspects in 6,044 illegal drug operations from the start of the year to Feb. 11, national police chief General Rodolfo S. Azurin, Jr. previously said. — Beatriz Marie D. Cruz
