Menardo Guevarra 鈥擬ALACA脩ANG PHOTO
A group of Mindanao-based lawyers who lost some members and colleagues to extrajudicial killings have expressed their full support for and cooperation with the International Criminal Court鈥檚 (ICC) investigation into former President Rodrigo Duterte鈥檚 drug war 鈥渋n the pursuit of justice for the countless lives lost and their grief-stricken families.鈥�
鈥淗aving experienced the grave loss of loved ones in what were referred to as 鈥榥anlaban鈥� police operations or 鈥榲igilante鈥� death squad killings鈥攚hich have also claimed the lives of members of the legal profession鈥擬indanao shares a deep desire for justice and accountability,鈥� the Union of Peoples鈥� Lawyers in Mindanao (UPLM) said in a statement signed by its chair, Antonio Azarcon.
Seeking accountability for thousands of lives lost would be an essential step toward ending the climate of impunity in the country, the group added.
The ICC ruling, according to UPLM, should serve as a strong reminder that while states 鈥渕ay attempt to use procedural remedies to delay justice, yet the day of reckoning and accountability will inevitably come.鈥�
133 lawyers killed
鈥淲e must not overlook the significance of this ruling and recognize that if governments like the Philippines only sincerely adhered to the implementation of domestic laws and advance the promotion and protection of human rights, the intervention of international bodies like the ICC may not be necessary at all,鈥� it said.
The UPLM called on the Marcos administration to show 鈥渦nwavering commitment鈥� to human rights by honoring its international legal obligations and cooperating with the investigation.
The National Union of Peoples鈥� Lawyers, which counts Union of Peoples鈥� Lawyers in Mindanao as an affiliate, said that based on its records, a total of 133 lawyers have been killed in the country since democracy was restored in 1986. Of the 133 deaths, 59 took place during Duterte鈥檚 presidency.
End of engagement
In a close vote of 3-2, the ICC鈥檚 Appeals Chamber voted on July 18 to reject the Philippine government鈥檚 appeal to stop its prosecutor, Karim Khan, from proceeding with his investigation into alleged crimes of humanity committed under Duterte鈥檚 drug war.
On Thursday, Solicitor General Menardo Guevarra said that President Marcos had approved the government鈥檚 disengagement with the international court.
鈥淚 have discussed this matter personally with [him] and we have agreed that our appeal to the ICC Appeals Chamber is the end of our engagement with the ICC,鈥� Guevarra told reporters.
鈥淲e just really waited for the decision (which we nearly won, 3-2),鈥� he said, referring to the voting.
Rufus proposal
Two lawmakers, meanwhile, offered some advice to the government. According to Cagayan de Oro Rep. Rufus Rodriguez, it could allow the ICC probe to go on and question its jurisdiction later.
鈥淲hen the case is brought to the ICC, we raise the issue of jurisdiction and the Philippines will surely secure its dismissal for lack of jurisdiction,鈥� said the former law dean.
He added he agreed with the dissenting opinion of two ICC judges who had argued that when the court鈥檚 previous ICC prosecutor鈥檚 request for authority to conduct an investigation was submitted on May 24, 2021, the Philippines was no longer a party to the Rome Statute.
The country withdrew from the statute鈥攖he 2002 treaty that created the ICC鈥攅ffective on March 17, 2018.
In the meantime, Rodriguez urged government officials to remain calm and study the decision well, saying, 鈥淭here is no need for our government officials to say many extraneous comments on the decision.鈥�
Risa: Marcos must choose
Sen. Risa Hontiveros, on the other hand, reiterated her call for the government to reconsider its stand not to cooperate with the ICC as she asked Mr. Marcos not to waste his recent efforts to enhance cooperation with more countries.
鈥淭he President now has to choose: Does he want a renewal of ties with other countries and the rest of the world? He started off well with a pivot from Beijing to other and more capitals in the world,鈥� she said. 鈥淪o I continue to appeal and expect the administration to cooperate鈥攖he President himself, agencies of the executive, to cooperate with this investigation so that true justice can be obtained.鈥�
According to her, the ICC has a large membership and member nations have shown strong cooperation in the processes of citizens seeking justice on a global stage. 鈥淒oes the President want to undermine these gains by taking a hardline stance vis-a-vis the ICC?鈥� Hontiveros asked.
She pointed out that disengaging from the ICC was not the stance of a country seeking more and wider alliances in the world.
鈥擶ITH A REPORT FROM TINA G. SANTOS
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