ICC Appeals Chamber allows 'war on drugs' victims to comment on Manila's plea to suspend probe
MANILA, Philippines — The International Criminal Court Appeals Chamber has allowed “war on drugs” victims and victim groups to take part and comment as it resolves the Philippine government’s plea to overturn the Pre-Trial Chamber's ruling to resume investigation into the bloody anti-narcotics campaign.
In an 11-page decision dated March 21, the ICC’s Appeals Chamber directed the Victims Participation and Reparations Section “to collect and transmit to the Appeals Chamber representations from any interested victims and victim groups and prepare and submit a report thereon by 22 May 2023.”
“The Office of Public Counsel for Victims may submit written observations, not exceeding 40 pages, on the Republic of the Philippines’ appeal brief in relation to the general interest of victims by 18 April 2023,” it added.
The Appeals Chamber said it deems it appropriate to include the victims of the “war on drugs” as it resolves the Philippine government’s appeal.
Manila, through the appeal filed by the Office of the Solicitor General, has asked the ICC’s Appeals Chamber to reverse the authorization its Pre-Trial Chamber granted to its prosecutors to resume investigation into the “war on drugs” of the Duterte administration.
In its appeal, the Philippines also sought for the suspension of the investigation pending resolution of their request, and for the Appeals Chamber to determine that ICC’s prosecutors are not authorized to resume their probe.
ICC Prosecutor Karim Khan has already asked the ICC’s Appeals Chamber to reject Manila’s request. He argued that the Philippine government “has not provided any argument substantiating its request for suspensive effect, nor shown that implementation of the Decision would create an irreversible situation or one that would be very difficult to correct or that could potentially defeat the purpose of the appeal.”
Victims’ request
The Appeals Chamber said that 90 victims’ sought to present their views and concern on the Philippine government’s appeal.
According to the chamber’s decision, “war on drugs” victims indicated that questions of whether investigations will be conducted or deferred “has immediate and direct effect on their personal interest.”
They also stressed that “they have not been able to obtain justice and remedies for the crimes committed against their family members.”
They have also told the Appeals Chamber that investigations are the premise of prosecution and potential reparations, which are needed for them to “see justice done and obtain remedies for the harm suffered.”
The Pre-Trial Chamber, in allowing resumption of probe into Philippines, said that domestic proceedings in the Philippines "do not sufficiently mirror the expected scope of the Court’s investigation, since they only address the physical, low-ranking perpetrators and at present do not extend to any high-ranking officials.”
The Philippine government, in response to the request of the victims, pointed out that it is precluded from “scrutinizing the submissions” of other participants. It added that it had not been notified of any filings concerning victim representation.
But the Appeals Chamber has said that it is not persuaded “that all filings concerning victims should be notified to the Philippines,” and that “there is a need for the Philippines to ‘scrutinize the submissions’ of victims.”
The Chamber however directed the Registry to notify Manila of all public and confidential filings in the present proceedings. — with reports from The STAR/Neil Jayson Servallos
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