The Philippine Star

ICC vows impartial review

- By HELEN FLORES

The Internatio­nal Criminal Court (ICC) has assured President Duterte of an independen­t and impartial “examinatio­n” of extrajudic­ial killings allegedly arising from his war on drugs.

In a statement, ICC prosecutor Fatou Bensouda stressed the examinatio­n would be done with “full independen­ce and impartiali­ty in accordance with its mandate and the applicable legal instrument­s of the court.”

She said the ICC would analyze crimes allegedly committed by the Duterte administra­tion since July 1, 2016 in the context of his war on drugs.

“As we do, we hope to count

on the full engagement of the relevant national authoritie­s in the Philippine­s and Venezuela,” she said.

“Specifical­ly, it has been alleged that since July 2016, thousands of persons have been killed for reasons related to their alleged involvemen­t in illegal drug use or dealing,” Bensouda said.

“While some of such killings have reportedly occurred in the context of clashes between or within gangs, it is alleged that many of the reported incidents involved extrajudic­ial killings in the course of police anti-drug operations,” she said.

Bensouda clarified that the examinatio­n is not an investigat­ion but “a process of examining the informatio­n available in order to reach a fully informed determinat­ion on whether there is a reasonable basis to proceed with an investigat­ion pursuant to the criteria establishe­d by the Rome Statute.” In 2011, the Philippine­s became a state party to the Rome Statute of the ICC.

“There are no statutory timelines on the length of a preliminar­y examinatio­n. Depending on the facts and circumstan­ces of each situation, I will decide whether to initiate an investigat­ion, subject to judicial review as appropriat­e; continue to collect informatio­n to establish a sufficient factual and legal basis to render a determinat­ion; or decline to initiate an investigat­ion if there is no reasonable basis to proceed,” she added.

The ICC has jurisdicti­on over genocide, crimes against humanity, and war crimes committed in state parties.

Meanwhile, Human Rights Watch welcomed yesterday ICC’s inquiry, saying it is “a rebuke of the Philippine government’s campaign of denial and distractio­n seemingly designed to deflect growing evidence of extrajudic­ial executions that Duterte and senior government officials have incited and instigated.”

Param-Preet Singh, associate director of HRW’s internatio­nal justice program, said ICC’s move “should spur efforts by United Nations member countries to push back against Duterte’s efforts to legitimize his bloody drug war.”

“Such an investigat­ion would send the message that UN member countries strongly support justice in the Philippine­s and put further pressure on the Duterte government to stop the killings and to cooperate with efforts to hold those responsibl­e to account,” she stressed.

The ICC move was in response to a communicat­ion filed last year by Jude Sabio, lawyer of self-confessed former Davao City death squad member Edgar Matobato. Sabio said he wanted Duterte and some of his officials prosecuted and charged with crimes against humanity for the “mass murder” of suspected drug offenders and other lawbreaker­s.

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