CLOSE MONITORING OF KILLINGS The International Criminal Court鈥檚 Prosecutor Fatou Bensouda served notice as early as October 2016 that shewould bemonitoring killings in
President Duterte鈥檚 antidrug campaign. 鈥擜FP
Malaca帽ang on Thursday dismissed as a waste of time and resources the 鈥減reliminary examination鈥� by the International Criminal Court (ICC) of a complaint that accused President Duterte of crimes against humanity in connection with extrajudicial killings (EJKs) in his war on drugs.
Presidential spokesperson Harry Roque told Palace reporters the Philippine mission in The Hague was informed that the Office of the Prosecutor of the ICC would start looking into 鈥渁lleged acts associated with the campaign against illegal drugs covering the period of July 2016.鈥�
Opposition lawmakers said the move offered a 鈥渞ay of hope鈥� to the families of thousands of victims of the drug war,听 but was 鈥渄amning and damaging鈥� to the President.
The ICC was acting on the 77-page complaint filed by Jude Josue Sabio, a lawyer for confessed Davao Death Squad hit man Edgar Matobato, in April 2017 against Mr. Duterte and 11 senior officials that said crimes against humanity were being committed 鈥渞epeatedly, unchangingly and continuously鈥� and killing drug suspects and other criminals had become 鈥渂est practice.鈥�
鈥淲e view of course this decision of the prosecutor as a waste of the court鈥檚 time and resources,鈥� Roque said.
Sick and tired
He said he had discussed the issue 鈥渆xtensively鈥� for two hours the previous night with the President.
鈥淭he President has said that he also welcomes this preliminary examination because he鈥檚 sick and tired of being accused of the commission of crimes against humanity,鈥� said Roque, who taught international law at the UP College of Law.
鈥淭he President has said that if need be he will argue his case personally before the [ICC],鈥� Roque said.
鈥淗e said he wants to be in court and put the prosecutor on the stand to ask, 鈥榃ho prodded you to proceed to preliminary examination?鈥欌�� he added.
Roque said the President suspected 鈥渄omestic enemies of the state鈥� meant to embarrass him.
鈥淏ut the President is a lawyer, he knows what the procedures are. They will fail,鈥� he said.
ICC Prosecutor Fatou Bensouda said she decided to open the preliminary examination after 鈥渁 careful, independent and impartial review鈥� of the situation in the Philippines.
The Philippine probe is the ICC鈥檚 first preliminary examination in a Southeast Asian nation.
Not above the law
Sen. Antonio Trillanes IV, one of the President鈥檚 archcritics, said the ICC鈥檚 move 鈥渟hould jolt Duterte into realizing that he is not above the law.鈥�
鈥淢ore importantly, this is the first step for the victims鈥� families quest for justice,鈥� Trillanes said in a statement.
鈥淭he ICC, stepping in, is a ray of hope amid the compromised rule of law under this administration,鈥� Magdalo Rep. Gary Alejano said.
Alejano and Trillanes last June filed a supplemental communication supporting Sabio鈥檚 complaint.
鈥楨lated, vindicated鈥�
听
In a statement, Sabio said he was 鈥渆lated and vindicated鈥� by the ICC action.
鈥淎t last, Mr. Duterte and his cohorts will face preliminary examination by the ICC prosecutor as a prelude to formal criminal investigation,鈥� Sabio said.
鈥淗is system of death squad killings, which started through the Davao Death Squad and was continued on a national scale through the war on drugs, will now be investigated by the ICC and justice will be done,鈥� he added.
Akbayan Rep. Tom Villarin said the ICC action 鈥渨ill be damning and damaging to his administration in the eyes of our people and the international community.鈥�
Villarin said this would also provide the 鈥渙pportunity to implead other enablers of [EJKs], including possibly presidential spokesman Harry Roque.鈥�
Former Commission on Human Rights Chair Loretta Rosales said the preliminary examination was an important step in strengthening the rule of law and the beginning of a rigorous process to gather evidence before any trial.
鈥淭here is no room for politics in that process,鈥� Rosales said. 鈥淣ot for one moment should anyone use the ICC as a tool for propaganda and dealmaking.鈥�
听鈥楥omplementarity鈥�
While saying that the President welcomed the investigation, Roque also demanded 鈥渃omplementarity,鈥� which states that the ICC will only exercise jurisdiction if the state party of the accused is 鈥渦nable or unwilling鈥� to prosecute the crime.
鈥淭he President has made it clear that he will communicate, he will assert the principle of complimentarity, he will assert the legality of the war against drugs as a valid exercise of sovereign powers and therefore the element required for a crime against humanity is lacking,鈥� Roque said.
Withdrawal from ICC
Last December, Roque said it was possible that the Philippines may withdraw its membership from the ICC if it violated the principle of complementarity as three African states had done.
He said the ICC prosecutor鈥檚 action at this time was only intended to determine if there was reasonable basis to proceed with a formal investigation.
He said Manila would cooperate if the ICC prosecutor sought data on the drug war killings, adding that 鈥渢he data alone will not prove anything.鈥� 鈥�WITH REPORTS FROM CHRISTINE O. AVENDA脩O, DJ YAP, DONA PAZZIBUGAN