International Criminal Court Reopens Philippines Drug War Probe

Facts

• The International Criminal Court (ICC) on Thursday announced it is reopening its investigation into “crimes against humanity” in the Philippines that allegedly occurred during former Pres. Rodrigo Duterte’s war on drugs.
• Prosecutor Karim Khan last year asked ICC judges for permission to reactivate his investigation into thousands of deaths related to the drug war between November 2011 and March 2019. More than 6K drug suspects have been killed according to government sources, but activist groups believe the death toll is much greater.
• The ICC suspended the investigation in 2021 after Manila said it was conducting its own probe into the situation. But a panel of ICC judges currently concurs with Khan deferring to Philippine authorities was “not warranted.”
• Duterte assumed office in June 2016 after winning on a platform of fighting crime and immediately launched his “war on drugs.” Human Rights Watch says the ICC investigation is the “only credible avenue” for justice.
• Current president Ferdinand Marcos Jr. has said he will continue the war on drugs but with a focus on rehabilitation.
• Marcos intends to appeal the resumption of the probe, according to Solicitor General Menardo Guevarra. Since the Philippines withdrew from the ICC in 2019, Manila is not obliged to formally respond to the ICC.

Sources: Al Jazeera, Associated Press, DW, Sundaily, and CNN Philippines.

Narratives

• Narrative A, as provided by Rappler. The ICC is 100% correct to reopen its investigation into the brutal drug war. The Duterte and Marcos administrations failed to submit proof they were willing to genuinely investigate the killings. The ICC must take over this probe.
• Narrative B, as provided by PNA Gov. The ICC is overstepping its bounds and undermining the Philippines’ sovereignty. The ICC can only conduct proceedings in states without a functioning government, and the Philippines is not a country where the ICC can rightfully do so. The Philippines’ domestic investigative and judicial processes should take precedence in any probe.