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Philippines: ICC resumes probe into 'drug war' killings

July 18, 2023

The probe into thousands of killings in the "war on drugs" will continue, after the International Criminal Court rejected an appeal from the Philippines. The move was hailed by human rights groups.

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Arrested drug suspects are jockeying for space inside jampacked prison cells.
More than 200,000 anti-drug operations carried out under the former president Rodrigo DuterteImage: Francis R. Malasig/dpa/picture alliance

The International Criminal Court (ICC) on Tuesday cleared the way for an investigation into the Philippines' deadly "war on drugs," an anti-narcotics campaign launched by former President Rodrigo Duterte that left thousands dead and drew allegations of widespread rights violations.

The ICC launched a formal inquiry in September 2021, but it was suspended two months later after Manila said it was carrying out its own investigations.

In June 2022, ICC chief prosecutor Karim Khan was able to convince the court to reopen the inquiry.  However, the Philippines appealed the decision, saying that the country pulled out of the ICC in 2019, three years before the inquiry was resumed.

Appeals judges at the ICC on Tuesday rejected Manila's objections.

Philippine cafe keeps alive memory of 'drug war' victims

Former President Duterte rejects ICC decision

On Tuesday, a five-judge bench dismissed Manila's appeal and confirmed that the investigations can be resumed. The ruling has been hailed as another step towards justice by families of victims and rights groups.

 "The [Philippine President Ferdinand] Marcos administration should back up its stated commitment to human rights and the fight against impunity by following through on its international legal obligation to cooperate with the court's investigation," said Bryony Lau, deputy Asia director at Human Rights Watch, in a statement. 

However, former President Duterte's representative said Duterte "has always maintained that as an independent and sovereign state, only Philippine courts can try any crime committed in Philippine territory," former spokesperson Harry Roque said in a statement.

The former president "will face all his accusers anytime but before Philippine courts and before Filipino judges only," Roque said.

 Philippine President Rodrigo Duterte gestures during his address to a Filipino business sector in Manila
The Philippines, under former president Rodrigo Duterte, withdrew from the ICC in March 2019. Image: Bullit Marquez/AP Photo/picture alliance

The Philippine office of the solicitor general, the country's legal representative said it was "disappointed" by the ruling, adding that  Philippines would continue with its own investigation. 

"The majority decision does not alter the fact that the Republic, through its various national and local agencies, remains fully committed to the internal investigation and prosecution of allegations connected to the anti-illegal drug campaign," the office said in a statement.

Following the Philippines election in 2016, Duterte launched an anti-drug campaign which carried out several anti-drug operations.

More than 6,000 suspects were killed during the brutal crackdown, most of them people who lived in poverty.

ICC prosecutors estimate the death toll at between 12,000 and 30,000.

ara/wmr (AFP, AP, Reuters)