Philippine Congress unlikely to invite ICC representatives to drug war probe

By John Victor D. Ordoñez, Reporter

PHILIPPINE lawmakers are unlikely to invite officials from the International Criminal Court (ICC) to congressional inquiries into ex-President Rodrigo R. Duterte’s deadly drug war since it could be a tacit admission of the country’s weak accountability mechanisms, according to political analysts and human rights lawyers.

“Given the reluctance of many senators to probe deeper into the issue, inviting ICC officials may actually be an added pressure to exact accountability,” Maria Ela L. Atienza, who teaches political science at the University of the Philippines, said in a Viber message on Thursday. “It also provides more opportunity on the part of families of drug war victims and human rights advocates to have allies in the process.”

The Hague-based tribunal is looking into alleged crimes against humanity committed during the drug war, where thousands of suspects died. Both Houses of Congress are conducting separate investigations of Mr. Duterte’s anti-narcotics campaign.

At a Senate hearing on Monday, the tough-talking leader told senators he offers “no apologies, no excuses” for his war on drugs.

“Considering the nature of the proceedings in the ICC which is akin to a judicial proceeding, I do not think they will discuss their ongoing investigations,” Ephraim B. Cortez, president of the National Union of Peoples’ Lawyers, said in a Viber message.

The Philippines under Mr. Duterte withdrew from the ICC in March 2018 amid criticisms that his government had systemically murdered drug suspects in police raids. It took effect a year later.

Senate Minority Leader Aquilino Martin L. Pimentel, who heads the Senate blue ribbon subcommittee looking into the previous government’s war on drugs, earlier said another committee would likely invite ICC officials to the country.

Michael Henry Ll. Yusingco, a fellow at the Ateneo de Manila University Policy Center, said ICC representatives could be invited as observers, but are unlikely to be resource persons at congressional probes.

“Unless a compelling reason emerges, such as the Marcos administration declaring they will cooperate with the ICC investigation, then it’s hard to see any ICC personnel being invited to be a resource person in the hearing on extrajudicial killings,” he said in a Facebook Messenger chat. “Allowing them now can be seen as undue foreign interference and will put lawmakers in a very bad light.”

Philippine President Ferdinand R. Marcos, Jr. has ruled out working with the ICC, citing the country’s working justice system.

The government estimates that at least 6,117 people died in Mr. Duterte’s drug war between July 1, 2016 and May 31, 2022, but human rights groups say the death toll could be as high as 30,000.

Mr. Duterte on Monday admitted to having ordered police officers in his hometown of Davao City when he was its mayor to goad criminals to fight back during anti-illegal drug raids so cops would have a reason to retaliate, adding that he had a hit-squad tasked to eradicate crimes.

He also said his former police chiefs were “commanders of death squads” since they took care of criminal syndicates, but denied ordering them to kill innocent people.

The Philippine Commission on Human Rights (CHR) on Wednesday urged full accountability for extrajudicial killings under the drug war. In a statement, the agency said it seeks to identify accountable officers and people as more key witnesses come forward to explain the events surrounding the campaign.

“In light of recent revelations, CHR expresses deep concern over the testimony of former President Rodrigo Duterte, who confessed that he would ‘rather have suspected drug dealers killed’ than allow them due process, and admitted to encouraging law enforcement in the past to taunt suspects to justify neutralizing them,” it added.

Referring to its April 2022 report, the CHR highlighted a troubling pattern among law enforcers claiming that victims had resisted arrest to justify deadly actions. The practice, it said, violates international agreements, including the International Covenant on Civil and Political Rights, and undermines the Philippine Constitution’s guarantee of due process and the right to life.

“Hopefully, lawmakers can get perspectives from the ICC prosecutor and the Judiciary separately, as they are strictly independent from each other,” Maria Kristina C. Conti, secretary general of the National Union of People’s Lawyers in Metro Manila and legal counsel for several victims of the drug war, said in a Viber message.

“The Senate could also do well in perusing through the records of the court and submissions of the Philippine government,” she added.