Human rights lawyer Chel Diokno urged the Philippine government to cooperate with the International Criminal Court (ICC) drug war probe as this presents the best opportunity for victims of extrajudicial killings (EJK) to obtain justice.
“The former administration kept saying there were no lapses made during the war on drugs. If that was the case, why don’t they let the ICC investigators conduct an investigation here?” Diokno said in a press statement Thursday, Jan. 25.
President Marcos earlier said the government would not assist probers of the ICC investigating the bloody war on illegal drugs because he considers it a threat to the country’s sovereignty. He issued the statement in reaction to reports of ICC representatives having visited the country last December.
But Diokno said this is ‘simple’ in the eyes of the law.’ He explained that under the Rome Statute, which the Philippines previously signed, the ICC maintains its jurisdiction over matters concerning international law and human rights even if a state withdrew its membership in the organization.
“We have no choice but to cooperate with the ICC for offenses covered by their jurisdiction. The offenses committed during the war on drugs still fall under their jurisdiction because these happened before we withdrew,” Diokno said partly in Tagalog.
The ICC also serves as the best avenue for trying the atrocities committed during the previous administration, as all parties are assured of an impartial trial, the lawyer added in his statement.
Diokno noted that in his experience with the Free Legal Assistance Group (FLAG), there are only a handful of cases where EJK survivors achieve justice, including the case of Roger Herrero Jr. who was shot by four policemen after he was accused of robbery in Quezon Province.
Herrero survived the shooting and managed to testify against the policemen, who were all sentenced to five years and eight months to 10 years of imprisonment for attempted murder. While Herrero achieved justice for his horrible experience, Diokno emphasized that many families are still yearning for justice.
“Most of the EJK victims are frightened to file a case because they say they might get intimidated further or another member of their family gets victimized,” noted Diokno.
“That is the beauty of having the ICC because when it comes to the most heinous crimes, like crimes against humanity, we can trust that graft and corruption will not reach its judges. They will not get influenced by it and their judgment is only based on evidence,” according to the human rights lawyer.