The Commission on Human Rights (CHR) notes the recent decision of the International Criminal Court (ICC) Pre-Trial Chamber I authorising the Prosecutor, Karim A.A. Khan KC, to proceed with the investigation of the crimes against humanity allegedly linked with the so-called ‘drug war’ of the Government of the Philippines under former President Rodrigo Roa Duterte.
To recall, the deferral of the ICC investigation was due to the request of the Government of the Philippines on 28 November 2021, pursuant to Article 18(2) of the Rome Statute. On 24 June 2022, the ICC Prosecutor requested to resume the investigation into the Philippine case.
Following the deferral request, the ICC Pre-Trial Chamber received submissions from the Government of the Philippines, the ICC Prosecutor, and the victims on their positions and additional observations pertaining to the case.
The ICC Pre-Trial Chamber, after examination of said submissions, concluded on 26 January 2023 “that the various domestic initiatives and proceedings relied on by the Philippines do not amount to tangible, concrete and progressive investigative steps being carried out with a view to conducting criminal proceedings”; hence, the authorisation to continue the ICC investigation.
In the interest of justice and accountability, CHR urges the Government of the Philippines to view the ICC Pre-Trial Chamber decision as an opportunity to fulfil President Ferdinand Marcos Jr’s earlier commitment in ensuring a “high-level of accountability” for human issues and violations during his term. Let this development be a chance for the Philippines to demonstrate openness and transparency as part of the fraternity of nations that values human rights and the rule of law.
As the independent national human rights institution of the Philippines, CHR extends its openness and willingness to assist the present administration in upholding the rights and dignity of all. We have since shared CHR’s recommendations and ways forward to the Philippine government through our 2022 CHR Report on Investigated Killings in relation to the Anti-Illegal Drug Campaign. [1]
CHR acknowledges that there are present efforts being done by the current administration of President Ferdinand Marcos Jr in improving the human rights situation in the country. The ICC investigation is an opportune occasion for the present government to take the right track in upholding its human rights obligations, especially for those wronged and violated.
[1] 2022 CHR Report on Investigated Killings in relation to the Anti-Illegal Drug Campaign, https://chr.gov.ph/wp-content/uploads/2022/05/CHR-National-Report-April-2022-Full-Final.pdf