ICC arrest warrants may take time — human rights lawyers

IT WOULD probably take time for the International Criminal Court (ICC) to issue arrest warrants against Philippine state officials connected to President Rodrigo R. Duterte’s deadly drug war, according to human rights lawyers.

“We expect warrants to be issued, but we will not pressure the ICC within timelines,” Maria Kristina C. Conti, National Union of Peoples’ Lawyers (NUPL) National Capital Region secretary general who lawyers for several victims of the drug war, said in an e-mail.

“We are well aware of the quantum of evidence necessary to proceed with the formal trial and we prefer investigators to focus on the quality of information,” she added.

On Jan. 23, Philippine President Ferdinand R. Marcos, Jr. said ICC investigators would be allowed to come to the Philippines as “ordinary people,” but his government would not help in the probe.

“The Philippine government will not lift a finger to help any investigation that the ICC conducts,” he told reporters.

The Department of Justice said last week said the international tribunal had yet to inform them of its investigators’ visit, adding that the government is not legally bound to cooperate with the investigation.

In an X message to BusinessWorld on Jan. 24, iDefend human rights group said it has been submitting evidence to the ICC since it reopened its probe in January.

“iDefend hopes to participate in any way at the trial stage through the victims’ participation processes with our potential legal counsel,” it said.

The group reiterated that cooperating with the ICC would not violate Philippine sovereignty, adding that it would affirm the country’s commitment to prevent human rights abuses.

In January last year, the ICC pre-trial chamber resumed its investigation into killings and so-called crimes against humanity under former Mr. Duterte’s drug war, saying it was not satisfied with Philippine efforts to probe the deaths.

Philippine Solicitor General Menardo I. Guevarra in July said Philippine officials who could face arrest would likely hire their own defense lawyers. The solicitor general would only represent the state at the ICC hearings, he added.

In November, Mr. Marcos said the government was considering rejoining the ICC. He had ruled out cooperation, saying the probe violates Philippine sovereignty given the country’s fully functioning justice system.

Mr. Duterte canceled Philippine membership in the ICC in 2018 amid criticisms that his government had systematically murdered drug suspects in police raids. It took effect a year later.

The tribunal, which tries people charged with crimes against humanity, genocide, war crimes and aggression, was also set to probe vigilante-style killings in Davao City when he was still its vice mayor and mayor.

“President Marcos should rethink his position and listen to the clamor for investigation from the victims and the public,” NUPL Secretary-General Josalee S. Deinla said in a Viber message. “Under the Rome Statute, states that were once parties to ICC continue to have an obligation to cooperate with investigations initiated prior to their withdrawal.”

The United Nations Human Rights Committee has said the Philippines should comply with international human rights mechanisms and cooperate with the ICC’s drug war probe.

The Philippine government estimates that at least 6,117 drug dealers were killed in police operations. Human rights groups say as many as 30,000 drug suspects died. —