HRW says Duterte could still face prosecution by ICC despite pullout

The Human Rights Watch on Monday said President Rodrigo Duterte could still face prosecution by the International Criminal Court for the alleged crimes he committed while the Philippines was still a member of the ICC.

“Even though the Philippines is no longer a party to the court’s Rome Statute, the ICC can still try crimes committed while the Philippines was a member – from November 1, 2011 until March 16, 2019,” HRW said.

“Duterte may think that his country’s withdrawal from the ICC is a show of strength. But on the contrary: his bald-faced effort to protect himself from the court’s reach looks more like an act of desperation for a man who appears deeply implicated in alleged crimes against humanity,” HRW said.

ICC prosecutor Fatou Bensouda on Tuesday said an investigation into the situation of the Philippines will continue.

"Pursuant to article 127.2 of the Statute, and based on prior ICC ruling in the situation in Burundi, the court retains its jurisdiction over crimes committed during the time in which the State was party to the Statute and may exercise this jurisdiction even after the withdrawal become effective," she said.

"My Office's independent and impartial preliminary examination into the situation in the Philippines continues," Bensouda said.

President Rodrigo Duterte in March last year notified the United Nations secretary-general that the Philippines was leaving the ICC, which tries perpetrators of serious international crimes such as genocide, war crimes, and crimes against humanity.

The Philippines’ pullout from the ICC took effect on Sunday, which means that future international crimes committed in the country will no longer be within the jurisdiction of the court.

HRW also said the Philippines could still be investigated for its future crimes through the UN Human Rights Council, which the Philippines is a member of.

Considering  that the Philippines is no longer under the jurisdiction of the ICC after its investigation on drug war killings, HRW said the UN Human Rights Council should conduct an investigation into related cases of drug war killings in the future.

“That the ICC will not be able to pursue justice in Philippines for future crimes highlights the urgency of the UN Human Rights Council dispatching an investigation into ‘drug war’ killings in the Philippines.

“As a member of the council, the Philippines is obligated to uphold the “highest standards” of human rights, to ‘fully cooperate' with the council, and accept increased scrutiny of its rights record to ensure it adheres to its membership responsibilities,” HRW said.

For HRW, a UN-led investigation could expose Duterte’s efforts to block his accountability, and pressure him and the government ‘to change course.”

CHR

Meanwhile, the Commission on Human Right (CHR) said the pullout from the ICC is a reversal of the Philippines’ commitment to international treaty obligations particularly in ending impunity.

“The best way to move forward is to cooperate in ICC’s preliminary examination and demonstrate its commitment in ending impunity, rather than blocking avenues in seeking justice—and perhaps reconsider its withdrawal from the Rome Statute as stronger sign of its dedication to the rule of law and human rights,” De Guia said.

CHR also said the pullout is a step back from the gains the Philippines has achieved in promoting justice and human rights.

“In the end, it is the Filipino people who is bound to lose when they no longer have the recourse in times when local justice systems fail in protecting them. It is then impunity that wins as a consequence of withdrawal,” CHR spokesperson Jacqueline Ann de Guia said in a statement.

Lawmakers expressed fears extrajudicial killings and human rights violations would worsen with the formal withdrawal of the Philippines from the ICC.

Malacañang on Monday dismissed criticisms, saying it finds it "amusing the myriad of misleading and baseless response to the supposed withdrawal of the Philippines from the Rome Statute which created the International Criminal Court."

Presidential spokesperson Salvador Panelo emphasized that there is no impunity under the Duterte administration, noting that the country's criminal justice system continues to be operational and strictly compliant with the constitutional requirement to due process.

He insisted that deaths during anti-illegal drugs operations occurred as suspected drug personalities resisted arrest. —Joviland Rita/KG, GMA News