ICC Appeals Chamber rejects PH plea to stop probe into Duterte's war on drugs


The Appeals Chamber of the International Criminal Court (ICC) has rejected the Philippine government's appeal to stop the investigation into the Duterte administration's deadly war against drugs.

Presiding Judge Marc Perrin de Brichambaut read the decision on Tuesday afternoon as the division handed down its ruling that had already been brushed off by the Philippine government even before it came out.

Justice Secretary Jesus Crispin Remulla had earlier said it would not execute arrest warrants that might eventually stem from the resumption of the probe.

But the ICC's recent decision does not necessarily lead to a trial. The chamber still has to make another decision.

Should a trial be eventually decided and the presence of the accused needed, hurdles will still face the prosecutors in assuring justice for war on drugs victims as they would need to rely on the international community to effect the arrest.

With regards to the Philippines' case, no individuals have so far been named.

On the recent decision, three of the Appeals Chamber's five judges voted to reject Manila's appeal.

That meant ICC prosecutor Karim Khan may continue his investigation into former President Rodrigo Duterte's fights against drugs that led to the deaths of thousands of individuals.

The chamber said the decision was not based on the ICC's jurisdiction to conduct probe into the Philippines—an argument repeatedly used by Manila.

In February 2018, ICC prosecutors opened their preliminary examination on the country's fight against illegal drugs headed by former Philippine National Police chief and now Senator Bato dela Rosa.

A month after, then president Duterte ordered the Philippines' withdrawal from the ICC, which took effect in March 2019.

In May 2021, permission was sought to roll out the investigation, which was approved four months after.

But in November 2021, Khan's probe into the deadly campaign was halted upon the government's appeal.

ICC's another division, the Pre-Trial chamber, greenlighted the resumption of the investigation in January 2023 as it was not convinced Manila is "making a real or genuine effort" to conduct its own probe and prosecute perpetrators.

But the Philippines filed an appeal again.

Another plea was lobbied by the Philippine government, this time before the Appeals Chamber, in February. But it was immediately rejected a month after "in the absence of persuasive reasons in support of ordering suspensive effect."

The chamber's recent decision that came out on Tuesday was its judgment on the main appeal.

The decision came out as the ICC marked the 25th anniversary of the Rome Statute.

"It shows a continuity of purpose in implementing this ambitious endeavor and in affirming values of justice by all those who have contributed to it," de Brichambaut said.