ICC Judges Approve Request to Reopen Probe Into Philippines’ Drug War Killings

The International Criminal Court (ICC) said Thursday that it had granted its prosecutor’s request to reopen a probe into the alleged killings and rights abuses committed in the Philippines’ drug war campaign.

The ICC judges concluded that the Philippine government failed to provide any evidence to support its claims that it was conducting concrete investigations or bringing charges in relation to the drug war campaign.

“Following a careful analysis of the materials provided by the Philippines, the chamber is not satisfied that the Philippines is undertaking relevant investigations that would warrant a deferral of the court’s investigations on the basis of the complementarity principle,” it said.

The judges ruled that “the various domestic initiatives and proceedings, assessed collectively, do not amount to tangible, concrete and progressive investigative steps in a way that would sufficiently mirror the court’s investigation.”

The Philippine government responded Friday that it would appeal the ICC’s decision, according to a state-run news agency.

Secretary of the Philippine Department of Justice, Jesus Crispin Remulla, criticized the ICC’s decision as “unreasonable” given that the court can only conduct proceedings in nations without a functioning judicial system.

“We are doing what it takes to fix the system. We have a functional judicial system, and I don’t see where they can come in unless they want to take our legal system and take over our country. I don’t see that happening,” Remulla said.

The ICC launched a probe into the drug war campaign in September 2021, but it was suspended two months later after the Philippine government pledged to undertake its own investigation. ICC prosecutor Karim Khan later urged to reopen the investigation in June 2022.

According to Human Rights Watch (HRW), the anti-drug campaign, which was led by former President Rodrigo Duterte, has resulted in the deaths of over 12,000 Filipinos, with the Philippine National Police being responsible for 2,555 of these deaths.

Philippine President Rodrigo Duterte talks during a meeting at the Malacanang presidential palace in Manila, Philippines, on Aug. 24, 2021. (King Rodriguez/ Malacanang Presidential Photographers Division via AP)

HRW detailed in its 2017 report instances of the Philippine police “falsifying evidence to justify unlawful killings,” claiming that most drug-related killings victims were poor people and suspected drug users rather than dealers.

“No evidence thus far shows that Duterte planned or ordered specific extrajudicial killings. But Duterte’s repeated calls for killings as part of his anti-drug campaign could constitute acts instigating law enforcement to commit the crime of murder,” it stated.

The Philippines officially withdrew from the ICC on March 17, 2019, after the then-ICC chief prosecutor Fatou Bensouda began preliminary investigations into Duterte’s drug war for suspected human rights abuses.

President Ferdinand Marcos Jr., who took office in June 2022, had previously ruled out rejoining the ICC and opposed an investigation into the case by the ICC.

Despite the country’s withdrawal, Khan said in October 2021 that the ICC “retains jurisdiction” over alleged crimes that occurred while the Philippines was a party to the court from Nov. 1, 2011, to March 16, 2019.