The International Criminal Court Appeals Chamber on Tuesday ruled to resume the investigation into the bloody war on drugs during the administration of former President Rodrigo Duterte.
ICC Presiding Judge Marc Perrin de Brichambaut, during an open court hearing in The Netherlands, denied the appeal of the Philippine government against the resumption of the probe.
“It is rejected by the appeals chamber by the majority and the impugned decision is therefore confirmed,” De Brichambaut said.
Three out of five ICC judges rejected the appeal.
Kristina Conti, a lawyer for some of the families of drug war victims, said she hoped the ICC ruling “will be a turn in the tide against impunity in the Philippines.”
“Victims of Duterte’s ‘war on drugs’ are, as always, praying for genuine justice that has not been available for the poor, downtrodden, and powerless in the Philippines,” Conti said on Twitter.
Sen. Ronald dela Rosa, who headed the Philippine National Police during Duterte’s term, said he was unfazed by the decision and stood his ground that he will not participate in the probe.
“Why would we cooperate? They have no jurisdiction over us. Let them do what they want. We are just here,” he said.
“Deadma, deadma,” Dela Rosa added, saying the Filipino slang word for ignoring issues.
He also questioned who will arrest the respondents in the case the ICC issues a warrant against them.
“Will the government import policemen from another country? That’s s big chaos,” he said.
In March, Duterte cursed the ICC for seeking to investigate his bloody war on drugs and was unapologetic for the thousands of deaths it caused.
Duterte called the ICC “sons of whores” and said he fought the drug war the same way he fought criminality in his hometown when he was a mayor.
He said he was ready to face the consequences and even “rot in prison” for his actions
Solicitor General Menardo Guevarra earlier said the Philippines can no longer file an appeal with this decision.
Guevarra said the ICC could also indict certain individuals over killings in the drug war if there is sufficient evidence.
Justice Secretary Jesus Crispin Remulla, however, said the country will not comply if the ICC issues an arrest warrant against individuals over killings in the drug war.
Under the drug war, at least 6,200 suspects were killed in police operations based on government records.
Human rights groups, however, claimed the actual death toll could be from 12,000 to 30,000.
Human Rights Watch deputy Asia director Bryony Lau said the ICC decision “marks the next step toward justice for victims of ‘drug war’ killings and their families.”
“The Marcos administration should back up its stated commitment to human rights and the fight against impunity by following through on its international legal obligation to cooperate with the court’s investigation,” Lau said.
House Deputy Minority Leader and ACT Teachers Rep. France Castro commended the ICC.
“The ICC’s commitment to pursue justice and accountability for the victims of extrajudicial killings is a significant step towards upholding human rights in the Philippines,” Castro said in a statement.
Castro cited the importance of the decision in shedding light on the atrocities committed during the drug war.
The National Union of Peoples’ Lawyers said the decision made by the ICC Appeals Chamber “built confidence with those victimized by the widespread and systematic killings under the ‘war on drugs’ of the Duterte administration.”
“Victims of the drug-war killings and their advocates are ready to cooperate with the investigation of the International Criminal Court (ICC) as it pushes forward,” it said.
The group also said the families of victims currently engaging with the ICC have called “for others left behind by the drug-war killings and other crimes under the ‘war on drugs’ policy to come forward.”
“They urge churches and other civil society organizations to assist families in gathering documents or simply writing down the facts of their case to be used in the investigation, and victims can submit their testimonies and case information confidentially,” NUPL said.
Human rights advocate Karapatan, on the other hand, lauded “the courage, perseverance, and tenacity of the victims and their families, as well as the diligence and persistent work of human rights lawyers in pursuing this investigation.”
Karapatan secretary-general Cristina Palabay said: “Let this welcome development further inspire the Filipinos’ struggle for justice and accountability.”
“We remain steadfast in the call to hold Duterte and those responsible for the bloody drug war and other human rights violations be held fully accountable,” Palabay added.
