COOPERATION WITH ICC BY PH GOVERNMENT IS JUST AND LEGAL: Both Marcoses and Dutertes accountable for extra-judicial killings
“Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”
January 24, 2025
NUPL
The National Union of Peoples’ Lawyers is a nationwide voluntary association of human rights lawyers in the Philippines, committed to the defense, protection, and promotion of human rights, especially of the poor and the oppressed.

The Philippines’ cooperation with the International Criminal Court (ICC) on matters pertaining to the ongoing investigation into crimes against humanity in the Philippines is mandated by the Rome Statute. Notwithstanding the withdrawal of the Philippines in March 2019, there are continuing obligations under Article 127 of the statute; to quote:

“Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”

The Justice secretary’s position is certainly consistent with the Rome Statute, and simply just for thousands of victims of the “war on drugs”. The Marcos administration is beholden to investigate and prosecute extra-judicial killings and other such crimes. It is already haunted and blood-stained by the previous Marcos administration’s record of massive human rights violations, and it cannot afford to overlook this one.

Rodrigo Duterte, his legal advisor Salvador Panelo, and other supporters should not baselessly deny that Duterte cannot be taken to the court for trial. They look pathetic with their denials: that the court has no jurisdiction, that Duterte is not responsible, that the killings do not amount to crimes against humanity, and most ridiculous, that the killings did not occur. They bank on Nazi propaganda, that a lie repeated over and over becomes truth.

The ICC is moving as methodically as it can to uncover what really happened here. It has a current live portal for witness appeals in the situation in the Philippines, signaling a more open approach in its investigation. Considering the context: last month, the court granted warrants of arrest for the situation in Palestine; yesterday, the prosecutor applied for warrants of arrest for the situation in Afghanistan. We hope the next development will be in ours. See you in the ICC.

Reference:

Atty. Kristina Conti
Counsel for victims; National Union of Peoples’ Lawyers-National Capital Region
+639298207000 | nupl2007@gmail.com

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