Marcos government told to work with ICC in drug war investigation

PHILIPPINE STAR/MICHAEL VARCAS

John Victor D. Ordoñez, Reporter

THE PHILIPPINE government under President Ferdinand R. Marcos, Jr. should uphold human rights by cooperating with the International Criminal Court’s (ICC) probe of his predecessor’s deadly war on drugs, according to experts.

“The ICC saw through the charade,” Ephraim B. Cortez, president of the National Union of Peoples’ Lawyers, said in a Viber message at the weekend. “It was not persuaded by the government’s false assertions and expressed its dissatisfaction with the Philippines’ supposed effort to investigate these killings.”

The ICC pre-trial chamber last week granted its prosecutor’s request to reopen its probe of killings and other human rights abuses during ex-President Rodrigo R. Duterte’s anti-illegal drug drive.

The Hague-based tribunal said it was not satisfied with Philippine efforts to probe extralegal killings.

Presidential Communications Office chief Cheloy Velicaria-Garafil did not immediately reply to a Viber message seeking comment.

Mr. Cortez said the ICC’s decision to continue the investigation showed there is evidence of human rights abuses. “With this action, the government should reconsider its position not to cooperate with the ICC.”

Justice Secretary Jesus Crispin C. Remulla on Friday called the ICC’s probe an “irritant,” noting that the country has a functioning justice system.

“I don’t see where they will come in, what role they will play unless they want to take over our legal system,” he told a news briefing streamed live on Facebook. “I will not stand for any of these antics that will tend to question our sovereignty. I will not accept that.”

Philippine Solicitor General Menardo I. Guevarra, Mr. Duterte’s Justice secretary, has said the government would pursue all legal means to block the ICC probe.

The United Nations Rights Committee has said the Philippines should comply with international human rights mechanisms and cooperate with the ICC’s drug war probe.

The UN Commissioner for Human Rights last year said the government’s probe of human rights violations in connection with the drug war lacked transparency.

Arjan P. Aguirre, who teaches political science at the Ateneo de Manila University, said Mr. Marcos would probably be uncooperative with the ICC to protect his predecessor.

“I’m sensing that the Marcos government will eventually decide not to participate in the investigation given that it has an important alliance to protect within the Marcos bloc that is crucial to its survival as a political regime,” he said in a Facebook Messenger chat.

“Failing to protect former President Duterte would definitely antagonize Vice-President Sara Duterte-Carpio.”

‘BIG CHALLENGE’
Mr. Duterte would try to block the ICC probe of his deadly drug and not allow foreign interference, his lawyer Herminio L. Roque, Jr. said last year.

Fides M. Lim, a human rights advocate and convenor of the political prisoners support group Kapatid, said the government should rejoin the Hague-based tribunal to show its commitment to human rights and the rule of law.

“The Marcos government is duty-bound to cooperate and participate in the ICC probe,” she said in a Messenger chat. “How it will do this when the top officials of the bloody drug war are still in place will be a big challenge.”

Mr. Duterte canceled Philippine membership in the ICC in 2019. Mr. Marcos has said the Philippines would not rejoin the international court.

The Commission on Human Rights on Saturday said the ICC probe was an opportunity for the government to show its commitment to human rights and transparency.

“Let this development be a chance for the Philippines to demonstrate openness and transparency as part of the fraternity of nations that values human rights and the rule of law,” it said in a statement.

The international tribunal, which tries people charged with crimes against humanity, genocide, war crimes and aggression, suspended its probe of Mr. Duterte’s deadly war on drugs in 2021 upon the Philippine government’s request.

The ICC was also set to probe vigilante-style killings in Davao City when Mr. Duterte was still its vice mayor and mayor.

Interior and Local Government Secretary Benjamin C. Abalos, Jr. earlier urged top-level cops to quit their jobs to cleanse its ranks of a “deep infection” of the illegal drug trade.

More than 30 member-states of the UN Human Rights Council have urged the Philippine government to do something about extralegal killings in connection with Mr. Duterte’s anti-illegal drug campaign.

Human rights abuses continued under the first six months of the Marcos government, Human Rights Watch said in a report on Jan. 12.

Police had killed 46 drug suspects during illegal drug operations under the new administration, national police chief Rodolfo S. Azurin, Jr. said in November.

Mr. Marcos told police in August to temper their use of force while enforcing the law. Mr. Abalos said the drug war would be “as intensive as before.”

At least 6,117 suspected drug dealers had been killed in police operations, according to data released by the Philippine government in June 2021. Human rights groups estimate that as many as 30,000 suspects died.

The Philippine Human Rights Commission has said the Duterte government had encouraged a culture of impunity by hindering independent inquiries and failing to prosecute erring cops.

“It would be better for the Philippines to participate in this process than let ICC do this unilaterally,” Mr. Aguirre said.

“Failure to do this would definitely further erode our standing or image in the international community.”