Could Philippine President Rodrigo Duterte soon face crimes against humanity charges in an international court over his controversial ‘war on drugs’ campaign?
The International Criminal Court said on February 8 that it would undertake a “preliminary investigation” into the circumstances surrounding his anti-drug campaign’s killings, a death toll human rights groups estimate could be as high as 12,000 deaths.
The investigation and potential court case represent the strongest foreign threat yet to Duterte, who has consistently shot back at all foreign criticism of his crackdown, including strong statements of concern from the United Nations, European Union and United States.
The international tribunal, which is tasked with investigating mass atrocities committed by world leaders and state institutions, will evaluate whether there is sufficient evidence to proceed with prosecution of those involved in carrying out the bloody drug war.
The ICC’s chief prosecutor, Fatou Bensouda, announced that her office will “analyze crimes allegedly committed … since at least 1 July 2016 in the context of the ‘war on drugs’ campaign.” It’s the first ICC investigation of its kind against an incumbent Southeast Asian leader.
The complaint was filed by Filipino human rights lawyer Jude Sabio and opposition legislators, including Congressman Gary Alejano and Senator Antonio Trillanes, both of whom have accused the president of being directly involved in the ordering extrajudicial killings against suspected drug users and dealers.
They maintain that the ICC should step in because local institutions are either unwilling or incapable of ensuring accountability for officials involved in the bloody campaign. On the ICC’s announcement, Duterte suggested if the court found him guilty it should killed him by firing squad rather than jail him.
Duterte, a trained lawyer, denied that he gave police orders to kill drug suspects and questioned whether the ICC has jurisdiction to indict him.
“I would ask for the rare privilege of talking to you. Just the two of us in the room,” Duterte said during a news conference, referring to Bensouda. “I welcome you. If you want to find me guilty, go ahead. So be it. Find a country where they kill people with a firing squad and I’m ready.”
The ICC, under the principle of complementarity, is allowed to step in as a ‘last resort’, namely when there is sufficient evidence to suggest that domestic courts and bodies are unable to dispense with their functions of upholding justice and human rights.
That’s because the Philippine legislature is heavily stacked with diehard Duterte supporters and has emerged as a rubber stamp for the president’s legal whims and wishes. A similar trend is emerging in the Supreme Court and other judicial institutions where the president’s appointees reign supreme, critics say.
The few remaining strongholds of government independence have come under assault, with top level officials who have dared to confront or challenge the president removed or sidelined. The Ombudsman Office, which was investigating Duterte’s and his family members’ alleged off-shore back accounts, has come under especially heavy fire.
Duterte is being specifically accused of committing crimes against humanity by orchestrating and overseeing a systematic campaign of extermination against specific groups, namely drugs users and dealers.
Senator Leila De Lima, a former Justice Secretary and outspoken opposition leader who is currently detained on what many believe are politically-motivated drug charges, urged the ICC from prison to “act with urgency” since “killings are still happening” across the country.
The shadow of possible ICC prosecution will necessarily put more pressure on Western nations to adopt a more cautious approach in their relations with Duterte’s administration.
Canada, for one, is reviewing its planned sales of military equipment to the Philippines due to concerns over the country’s human rights record. The deal, which involved 16 choppers worth US$233.4 million, was brokered by Canadian Commercial Corp and built by Bell Helicopter in Mirabel, Quebec.
“The [Canadian] Prime Minister and I have been very clear about the Duterte regime’s human rights violations and extrajudicial killings including while [we visited] the Philippines,” said Canadian Foreign Minister Chrystia Freeland. “I will conduct an extremely rigorous human rights analysis of any potential export permit application related to this contract,” she continued.
The ICC investigation will also put pressure on the US, which has warmed to Duterte under the Donald Trump administration. Duterte and previous US president Barack Obama famously jousted over the drug war, with Duterte once referring to Obama as the “son of a whore.”
The United States Congress, meanwhile, has recently opposed transfer of military equipment and allocation of Foreign Military Financing (FMF) to the Duterte administration over his government’s rights record.
The US provided crucial intelligence and logistical assistance to Philippine armed forces during their fight last year against Islamic State-linked militants. The cooperation helped to restore ties after a downturn driven by US criticism of Duterte’s drug war.
Human rights groups have welcomed the ICC’s and Western governments’ mounting pressure on the Filipino leader.
Human Rights Watch, a US rights lobby, has claimed it “invariably found unlawful executions by police or agents of the police typically acting as death squads” under the Duterte administration.
The group recently claimed in a report that 12,000 people have been killed in extrajudicial fashion in the campaign, a claim the government has strongly refuted. It has acknowledged 4,000 people have been killed in instances where suspects violently resisted arrest.
Duterte’s government has remained defiant of all criticism of the campaign. After suspending lethal aspects of the campaign amid a public backlash late last year, Duterte restarted “Tokhang” (door-to-door knocking) operations in December. Since then, up to 53 suspected drug dealers have been killed by the Philippine National Police (PNP).
“The President and I met about this extensively for two hours last night,” said presidential spokesman Harry Roque at a media briefing after the ICC’s announcement. “The President welcomes the preliminary examination because he is sick and tired of being accused of the commission of crimes against humanity.”
Roque also said that if the ICC were to pursue a full-blown investigation against Duterte, the Filipino leader was more than willing to face the international court to defend himself and stop what he sees as “harassment” by “biased” international institutions.
“If need be, [Duterte] will argue his case personally and face the ICC,” Roque said.
Tingnan din atin!! Kung ayaw mo sa Pilipinas lumayas ka dahil Hindi namin need ang kagaya mo salot sa lipunan ay walang sarili pinag lalaban kundi humalik sa Pwet ng mga banyaga!!! tandaan mo masahol ka pa sa bulok at mabahong isda
ICC wants to investigate the Philippines president for alleged extra judicial killings but they dont take action when brutal killings of innocent people are happening in Syria? Hypocrites????
Tingnan natin ngaun ang katapangan mo sa ICC, duterte. You defy all institutions of checks and balances here in the country and in the US and the European nations. Tingin mo ba sa sarili mo untouchable ka or even God? You dont bow to anyone because you think you’re invincible. Now face the consequences of your arrogance. Peste ka.
So true, a presstitute, indeed!
Yes, ISIS contractors already there…
The predicted script of the final verdict prepared by the ICC would be: "Mr. Duterte, we have proof that you did not bend to us. Therefore, you are guilty on all counts of crime against humanity."
Enjoy the circus…
The writer Jason Castaneda must be a paid shrill. He has been actively pumping anti-Duterte propaganda for about a year.
the drugs business in the Philippines must be really hurting…
Moreso the Mexican Drug problems… Why the ICC never investigated these? Afraid ICC is the legalized arms of LIBERAL to depose leaders who doesnt toe the line for them.
Its more better to the President to look for a top caliber International lawyer ,not the caliber of panelo, roque alvarez aguirre ,whose views are non compos mentis..
Also that ICC member….
Well Lama Dama, ICC is wearing white helmets…
How about Afghanistan’s opium ?
what about USA killing the large population of iraq.. they are exempted?… or ICC is just an SCAM institution…
The International Criminal Court should press charges at the previous President Aquino. He is responsible for the death of NPA hero Ka Roger daughter Andra Rosal’s one day old baby, by depriving the mother needed food and medicine. I remember the day 18th of May 2014. I stayed only a few hundred meters away from where murdered in cold blood.
Crimes like child murder must be prosecuted, I am surprised NPA has not taken independent actions to ask for prosecution.
What about the “human rights” for the hundreds of foreigners living in the BID concentration campaign in Camp Bagong Diwa, Bicutan, Taguig City? Most of the detainees is innocent and live there due to bribes and corruption. Detainees live in inhumane conditions, little food, no mediation, some suffer from terminal illnesses. It is sad the BID concentration camp victims are forgotten by the “human right” organizations and their Embassies.
Drug trafficing and addictions are the real crime against humanity!
Why not charge President Duterte for rescuing more than TWO MILLION Filipinos from a miserable life and early death by providing them rehabilitation. Earlier administration ignored the drug problems and nearly an entire generation of Filipinos was in endanger of being destroyed. The Filipino example should be followed by all countries. Help the drug addicts, be heavy handed on the drug dealers and drug lords.
The death numbers are completely wrong because it also includes shootings by vigilantes, criminals, domestic dispute, etc. As in any war there is innocent victims. President Duterte is the firs to admit this is the case. Philippine Police (PNP) has been given firm notice innocent victims most be avoided, but in shootouts it is not so easy.
The so-called “human rights” organizations are totally absent in the genocide in Yemen! To me the President Duterte bashing in part of the organized campaign to have President Duterte “unseated”. Duterte is unpopular by those involved in corruption, drugs, and not to forget the USA.
President Duterte has restored the respect for the Philippines Sovereignty and is drug war will reduce crime rate and terrorism. God Bless Duterte and the 85 AFP/PNP officers that has lost their lives in the war on drugs in the Philippines.
One wonders whether the ICC will prosecute the CIA over its drug rackets in Philippines!
Just hot air. Just a play on words. A ‘preliminary investigation’ is a ‘nothing’ in geopolitics. It is just someone lodging an application or a report.
The ICC should be abolished! It is a Western hegemony ‘nonsense’ to bully small nations. In the spirit of all nations being equal under the Sun, the ICC jusrisdiction is a fraud as it doesn’t not extend to China, Russia, India, United States, Israel, Malaysia, Thailand, Singapore etc.
It defies logic for the ICC to prosecute a democratically elected President who has almost 98% approval.
When it comes to ‘locus standi’, an applicant ‘should be’ a neighbouring state (and both States are signatories) or the United Nations through unanimously vote of the Security Council.
This is not a matter of strict law of equity! At this aegis the law must be realistic in being founded on the realpolitik or global geopolitics.
Some ‘nerd’ out there is not living in the real world.
War on drugs is not a ‘war’ as such that you somehow associate or equate with ‘genocide’!
If this is how these nerds think International Law works, then why are the leaders or rulers of Israel, United States, all past Colonial Powers not charged with genocide? Think of War Against the Evil Axis, the Arab Spring etc! Who do you think is responsible for most of the world’s conflicts either based on ‘Cold War’ or ‘Petrodollars’ or the ‘War Industry’ and other Red Flags?
Not just ‘hot air’ – all ‘hog wash’ – like the Bay of Pigs!
This geo-politics at play more than anything else. Until the ICC, as an organisation, is made up of truly international representations, with clear-cut & transparent jurisdiction and powers that apply to all nations, it cannot be trusted to be impartial. There’s every chance, it will become an agent of regime-change by other means. Everyone knows the US is not a signatory of the ICC or World Court, just as it is not a signatory or UNCLOS despite loud bleatings about freedom of navigation.