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Palace doubts ICC will have a case vs. Duterte amid court's call for input from drug war 'victims'


Malacañang is confident International Criminal Court (ICC) prosecutors will not be able to build a strong case of crimes against humanity against President Rodrigo Duterte since the Philippine government will not participate in the proceedings.

“The ICC can do whatever it wants, but there is a chamber of ICC which already said na huwag na mag-imbestiga kung walang cooperation ng state [don't push through with the investigation if the state won't cooperate],” said presidential spokesperson Harry Roque at a press briefing on Tuesday.

“Without cooperation from the state, napakahirap gumawa ng case build up  because the court needs real evidence, not newspaper accounts,” he added.

Roque was referring to the ICC's move calling on the supposed victims of Duterte’s war on drugs to submit their views, concerns, and expectations regarding the possible probe. 

The investigation was requested by former ICC prosecutor Fatou Bensouda who found “reasonable basis to believe that crimes against humanity has been committed in the context of the drug war.”

The 52-page Bensouda report, citing police, human rights groups and confidential sources, also states that the drug war killings seem to have a "pattern" similar to cases being linked to the Davao Death Squad when Duterte was mayor of the Davao City.

Roque’s repeated assertion that the ICC cannot probe the killings under the Duterte administration’s drug war is largely anchored on this withdrawal from Rome Statute in March 2019, further arguing that such ICC probe is illegal since domestic courts and prosecution officers in the Philippines are functioning.

The Rome Statute established the ICC.

According to ICC, the submissions of the victims will be used for the consideration of the ICC Judges in connection with the request of the Prosecutor to conduct an investigation into the war on drugs.

The deadline for the submission to the ICC is August 13.

On June 14, then-ICC Prosecutor Bensouda asked for authorization to open a full investigation into drug war killings in the Philippines, saying crimes against humanity could have been committed.

According to Philippine government data, from the time President Rodrigo Duterte took office in 2016 until the end of April this year, security forces have killed 6,117 suspected drug dealers in sting operations.

Rights groups say authorities have summarily executed drug suspects, but police say the suspects fought back violently.

Duterte, for his part, has  belittled the ICC investigationKBK, GMA News

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