[News] ICC finds 'basis to believe' crimes vs humanity committed in Duterte's drug war

[Anti-Imperialist News]

https://www.rappler.com/nation/international-criminal-court-report-finds-basis-believe-crimes-against-humanity-duterte-drug-war
ICC
finds 'basis to believe' crimes vs humanity committed in Duterte's drug war
Lian Buan - December 15, 2020
------------------------------

Prosecutor Fatou Bensouda has not yet decided whether she will move the
phase to a formal investigation, citing restrictions brought by the
COVID-19 pandemic

International Criminal Court (ICC) Prosecutor Fatou Bensouda said there is
"reasonable basis" to believe that crimes against humanity were committed
in the killings related to President Rodrigo Duterte's war on drugs.

"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 War on Drugs campaign launched
throughout the country," Bensouda said in her report
<https://www.icc-cpi.int/itemsDocuments/2020-PE/2020-pe-report-eng.pdf>
released Tuesday, December 15.

Bensouda has not yet decided whether she will move the phase to a formal
investigation, citing restrictions brought by the COVID-19 pandemic. She
earlier announced the next move would be decided within the year 2020.

"The Office anticipates reaching a decision on whether to seek
authorisation to open an investigation into the situation in the
Philippines in the first half of 2021," said Bensouda.

She will open an investigation if she determines that the Philippine
justice system was unable or unwilling to prosecute these killings by
itself.

If it moves to an investigation phase, Prosecutor Bensouda can request the
ICC judges to issue summons.

Although there is no investigation yet, National Union of Peoples' Lawyers
(NUPL) president Edre Olalia described the latest report as "rays of hope
(that) have peeked out of the pitch dark clouds of impunity."

"Our government and law enforcers must take this seriously and get the
message loud and clear...We hope real and effective redress can be achieved
in time," said Olalia.

In the report, Bensouda said there was a "limited number of investigations
and prosecutions."

"Open source information indicates that a limited number of investigations
and prosecutions have been initiated (and, in some cases, completed) at the
national level in respect of direct perpetrators of certain criminal
conduct that allegedly took place in the context of, or connection to, the
War on Drugs campaign," said Bensouda.

A Rappler analysis in 2019
<https://www.rappler.com/newsbreak/in-depth/duterte-government-drug-war-deaths-unsolved>
found that investigative gaps and prosecutorial loopholes allowed thousands
of cases in the drug war to go unsolved.

In June, Justice Secretary Menardo Guevarra announced the creation of an
inter-agency drug war panel
<https://www.rappler.com/nation/duterte-administration-creates-panel-probe-deaths-police-operations>that
would reinvestigate the more than 5,000 people killed by policemen in
legitimate operations. It aims to close the prosecutorial gaps, setting
aside presumption of regularity, and will review whether complaints have to
be filed against cops.

Bensouda said she will "continue to closely monitor developments" of the
DOJ drug war review panel.

Guevarra said last week that an initial report may be expected soon "in a
couple of provinces with the highest incidence of police operations
resulting in deaths, particularly in Bulacan and Pampanga."

International Law professor Romel Bagares, a counsel for petitioners in the
Supreme Court to reverse the Philippines' withdrawal from the ICC, said the
DOJ's drug war review may be the last factor in Bensouda's decision.

"It may be reasonably inferred the Office of the Prosecutor (OTP) is
wrapping up the complementarity question phase," Bagares said.

Complementarity refers to the determination if the Philippines is willing
and able to investigate by itself.

"This is a real advance. For the first time the OTP identified the
international crimes it said it had reasonable basis to believe were
committed at the time the ICC had jurisdiction over the Philippines," said
Bagares.

Bensouda added in her report: "The information available also indicates
that criminal charges have been laid in the Philippines against a limited
number of individuals – typically low-level, physical perpetrators – with
respect to some drug-related killings."

The DOJ review was also cited by the United Nations Human Rights Council
(UNHRC) as among the reasons for its watered-down resolution
<https://www.rappler.com/nation/guevarra-doj-center-effort-shield-duterte-government-international-probe>.
Rather than launch its own inquiry, the UNHRC offered technical assistance
to the Philippine government's domestic investigations.

Guevarra had earlier said the review panel will be enough for the ICC to
discontinue its inquiry. Duterte has withdrawn from the ICC, although the
Rome Statute provides that examinations which were opened before the
withdrawal will remain valid.

The Supreme Court has not made a decision on petitions seeking to declare
the war on drugs unconstitutional. – *Rappler.com*
Lian Buan <https://www.rappler.com/author/lian-buan>

@lianbuan <https://twitter.com/lianbuan>

Lian Buan covers justice and corruption for Rappler. She is interested in
decisions, pleadings, audits, contracts, and other documents that establish
a trail. If you have leads, email lian.buan at rappler.com or tweet @lianbuan.


<https://www.rappler.com/nation/duterte-blames-toll-regulatory-board-for-rfid-mess>
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