CHR: PHL’s withdrawal from ICC can’t terminate preliminary review

The Commission on Human Rights (CHR) on Wednesday said the preliminary examination of the allegations of human rights violations in President Rodrigo Duterte's war on drugs cannot be terminated even if the Philippines withdraws from the International Criminal Court (ICC).

"The government must show good faith by fully cooperating with ICC processes including the current preliminary examination which cannot be terminated by this withdrawal," CHR chairperson Chito Gascon said.

Duterte announced the country's breakaway from the ICC a month after its Office of the Prosecutor announced it would begin its preliminary examination on the alleged extrajudicial killings associated with the government’s intensified anti-illegal drugs campaign.

The President slammed the court for “baseless, unprecedented and outrageous attacks” against him and his administration and the alleged attempt of the ICC prosecutor to place him under the tribunal’s jurisdiction.

In his texted statement, Gascon said: "The government is grossly mistaken in believing that the ICC does not have jurisdiction over events in this country."

"What it must do is to show that it is willing & able to bring all perpetrators of human rights violations to justice," he added.

The ICC's conduct of a preliminary examination was based on  on the communication made by lawyer Jude Sabio in April last year.

Sabio, the lawyer for self-confessed hitman Edgar Matobato, urged the ICC prosecutor to investigate Duterte and senior administration officials and bring charges of crimes against humanity against them.

The Philippines ratified the Rome Statute, the treaty that established the ICC, in 2011.

The permanent international court can prosecute individuals for genocide, crimes against humanity, war crimes, and crimes of aggression.

It is authorized to investigate allegations of these crimes if the domestic courts are unable or unwilling to do so, which Malacañang said does not apply to the Philippines' situation.

By signaling his intention to withdraw from the ICC, Duterte follows in the footsteps of Burundi, Gambia and South Africa, which all declared their intention to leave the ICC. However, only Burundi went through with withdrawing from the international tribunal.

Duterte had recently also slammed the statements of United Nations High Commissioner for Human Rights Zeid Ra’ad Al-Hussein and UN special rapporteur Agnes Callamard in connection with his war on drugs. — BM, GMA News