Rights Group Opposes Philippines’ Request to Halt ICC Probe on Duterte’s Drug War Killings

Activists take part in a rally protesting at an escalation of President Rodrigo Duterte's war on drugs, in Quezon City, Metro Manila, Philippines, on Aug. 18, 2017. Dondi Tawatao/Reuters

There is no evidence showing that the Philippines government is investigating the killings committed in the drug war campaign led by former President Rodrigo Duterte, the Human Rights Watch (HRW) said on Thursday.

Carlos Conde, an HRW researcher in the Philippines, said the group has been monitoring the situation since November and found “no compelling evidence that the government was seriously investigating” or prosecuting those responsible.

“In fact, the killings are continuing and impunity for police officers and others implicated in these abuses by all accounts remains intact,” Conde said in a statement.

Conde’s remarks came in response to the Philippine government’s request to the International Criminal Court (ICC) not to resume its investigations into Duterte’s drug war, claiming the tribunal has no jurisdiction.

Solicitor General Menardo Guevarra argued that the cases are already being investigated and prosecuted by the “proper agencies” and that state-level investigative proceedings “should take precedence” under international law principles.

“The alleged murder incidents that happened during the relevant period do not constitute crimes against humanity, considering that said incidents do not qualify as an attack against the civilian population,” Guevarra said.

“Furthermore, the said occurrences were not in furtherance of a state or organizational policy to commit such attack,” he added, according to a state-run news agency.

Protesters hold banners during a protest against President Rodrigo Duterte in Manila, Philippines, on Dec. 8, 2017. AP Photo/Aaron Favila

Duterte was elected in 2016 on a promise to eradicate illegal drugs in the Philippines. HRW claimed the anti-drug campaign resulted in the deaths of over 12,000 Filipinos, with the police being responsible for 2,555 of these deaths.

His daughter, Sara Duterte, was sworn in as the country’s vice president in June. She was the running mate of Ferdinand Marcos Jr., the son of the Philippines’ late dictator, in the May election. Marcos Jr. was elected as president.

Amnesty International also called on the ICC to resume its investigations, saying that domestic-level investigations initiated by the Philippines government have been “woefully inadequate and wholly lacking in credibility.”

Philippines Rules Out Rejoining ICC

Marcos Jr. has previously ruled out the prospect of rejoining the ICC, insisting that there were sufficient domestic-level investigations into Duterte’s drug war.

“What we are saying is it is already being investigated here, and it’s ongoing, so why would there be a need for it?” the president said. “The Philippines has no intention of rejoining the ICC.”

The Philippines officially withdrew from the ICC on March 17, 2019, after the then-ICC chief prosecutor Fatou Bensouda began preliminary investigations into Duterte’s drug war for suspected human rights abuses.

Despite the country’s withdrawal, ICC prosecutor Karim Khan said last year that the ICC “retains jurisdiction” over alleged crimes that occurred while the Philippines was a party to the court from Nov. 1, 2011, to March 16, 2019.

Khan urged the reopening of investigations into the case, citing the government’s failure to offer any documentation that the investigations were ongoing, as well as information regarding concrete investigations or prosecution actions.

The ICC probe was suspended in November 2021 after the Philippine government requested a deferral and pledged to investigate the alleged abuses.