International Criminal court (ICC) Prosecutor Karim Khan has asked the Duterte administration to submit concrete evidence on its investigation of the deaths linked to the controversial war on drugs campaign.
In a statement, Khan said the proof is necessary in order to support the Philippines' request to defer the ICC's probe into the alleged crimes against humanity committed in the context of the drug war.
"Such information must consist of tangible evidence, of probative value and a sufficient degree of specificity, demonstrating that concrete and progressive investigative steps have been or are currently being undertaken," the statement posted on Tuesday read.
Khan also noted that providing evidence is in accordance with Rule 53 of the ICC Rules of Procedure and Evidence.
"The Office of the Prosecutor takes the view that a State requesting deferral under Article 18(2) of the Rome Statute must provide information concerning its investigations to support its request," Khan said.
"The Prosecutor will, in the coming days, request the Philippines to provide substantiating information regarding the investigations and proceedings referenced in its Deferral Request. The Office of the Prosecutor will request that such information be provided promptly, as envisaged by Article 18 of the Rome Statute and as necessary to ensure that there is no impunity for Rome Statute crimes," he added.
On November 18, the international court announced the deferral of the drug war review after the Philippines said local authorities are already conducting investigations of all reported deaths during anti-drug operations.
In a letter to Khan dated November 10, Philippine Ambassador to the Netherlands Eduardo Malaya said the Philippine government has been looking into the alleged abuses in the course of the anti-drug campaign.
"The Philippine government is likewise keen on ensuring the successful prosecution of cases that have been filed or may be filed in court against erring PNP members and others within its jurisdiction,” Malaya said in his letter.
However, the deferral request will only have a "specific or partial effect rather than a blanket or general effect, on the investigation being done by Philippine authorities," according to Khan.
"Information on national investigations and proceedings, therefore, informs the Office's [of the Prosecutor] assessment of the precise parameters of any deferral. Additionally, any domestic proceedings must be conducted genuinely as required by the Statute," he said.
Even with the deferral, Khan said the Office of the ICC Prosecutor would continue its analysis of information already in its possession and any new information it may receive from third parties.
