MANILA, Philippines — Lawyers representing victims of President Rodrigo Duterte’s bloody “drug war” are pinning their hopes on International Criminal Court prosecutor Karim Khan that calls for an investigation into crimes against humanity against Duterte and his men will be prioritized.
As they make a last appeal to outgoing ICC Prosecutor Fatou Bensouda, lawyer Neri Colmenares said they believe Khan will maintain the tenets of respect, protection and promotion of human rights. “We trust in his objectivity assessment of case and that he will rule on this case on the merits before the ICC,” he added.
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On Monday, the National Union of Peoples’ Lawyers assisted the families of “drug war” victims and sectoral group Rise Up in filing their fourth supplemental communication to the international tribunal. A day before Bensouda ends her mandate, the groups appealed for an investigation into alleged crimes against humanity in the country and for the issuance of an arrest warrant against Duterte.
Colmenares, NUPL chairperson, noted that since they filed their second supplemental communication to June 14, the number of “drug war” victims rose by 600.
“There is a need to prioritize because there is still an increase, escalation of killings unless the ICC steps in,” Colmenares said.
Conti, who is also representing families of victims in domestic cases, noted that Khan “has the capability to handle these cases.”
She noted that the incoming ICC prosecutor is currently the assistant secretary-general of the United Nations and has previously litigated in international humanitarian law and international criminal law cases.
“As assistant secretary general, we understand that he is part of the investigation committee into war crimes in Iraq. So this is really his specialty and I think he will be in a great position as prosecutor of the ICC to appreciate evidence we already submitted to the court,” Conti added.
Bensouda launched a preliminary examination into the alleged extrajudicial killings in the context of the government’s anti-drug crackdown in February 2018, leading to the withdrawal of the Philippines from the Hague-based body.
A preliminary examination determines if an alleged crime falls within the court’s jurisdiction and if a full-blown probe is needed.
If Bensouda concludes that there is a reasonable basis to proceed with an investigation, the next step would be to submit to the Pre-Trial Chamber permission to open an investigation, together with any supporting material collected.
In December 2020, she said the ICC’s chief prosecutor’s decision on whether it will seek authorization to launch an investigation into the alleged extrajudicial killings in the country in the first half of 2021.
Since then, the Philippine government launched a high-profile panel review of police “drug war” operations that resulted in deaths, headed by Justice Secretary Menardo Guevarra. The panel figured significantly in the resolution of the 47-member UNHRC in October that sought for capacity building and technical assistance to improve the human rights situation in the Philippines.
In its initial report, the panel found that in more than half of the operations, police failed to follow standard protocols. No full examination of the recovered weapon or ballistic examination was also conducted.
But in Rise Up’s latest filing before the ICC, they stressed that “to date, there has been no responsive action, particularly, prosecution efforts from either the Office of the President, DOJ or the PNP.” — Kristine Joy Patag with reports from Gaea Katreena Cabico