The International Criminal Court pre-trial chamber (ICC-PTC) on Thursday approved the request of Prosecutor Karim Khan to resume the investigation into the bloody war on drugs campaign during the Duterte administration.
In the 42-page decision signed by ICC presiding judge Peter Kovacs, the ICC-PTC said the country’s domestic initiatives and proceedings “do not amount to tangible, concrete and progressive steps being carried out with a view to conducting criminal proceedings, in a way that would sufficiently mirror the Court's investigation as authorized in the Article 15 Decision.”
It pointed out that the Philippine court only addresses the “physical, low-ranking perpetrators” and does not “extend to any high-ranking officials.”
The ICC-PTC also said that the government failed to show that it has conducted an investigation and prosecution on the following issues:
- the alleged killings in Davao from 2011-2016
- crimes other than murder committed in connection with the ‘war on drugs'
- killings outside official police operations
- the responsibility of individuals beyond the physical perpetrators of the alleged crimes.
The chamber also underlined that it is not satisfied that “the Philippines is undertaking relevant investigations, or is making a real or genuine effort to carry out such investigations and any subsequent criminal prosecutions."
According to the ICC-PTC, the decision to resume the probe was made after a thorough examination of the materials submitted by Khan, the Philippine government, and the families of drug war victims.
In 2021, the ICC suspended the probe into the suspected human rights abuses during the drug war following the request of the Duterte administration to defer it.
The Prosecutor then sought the resumption of the investigation in June 2022.
But in September 2022 the government then asked the chamber to deny Khan's request, citing that the ICC has “no jurisdiction over the situation in the Philippines.”
Khan countered the appeal of the government and reiterated his request to the Chamber to order the resumption of the investigation.
