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What House solons think of ICC's go-signal to probe Duterte's drug war

By ANNA FELICIA BAJO,GMA News

A day after the International Criminal Court announced its decision to push through with investigation on President Rodrigo Duterte's controversial anti-illegal drugs campaign, lawmakers from the House of Representatives voiced their thoughts on the matter.

For House Committee on Dangerous Drugs chairperson and Surigao del Norte Robert "Ace" Barbers, the President has no liability over the alleged deaths in relation to the government's campaign against narcotics.

Barbers pointed out that killings in the drug war happened because of drug suspects who fought back to the authorities -- the common line used by the Philippine National Police when being questioned on the deaths of drug suspects during operations.

"Wala naman silang mapapatunayan na criminal liability ng ating Pangulo dahil hindi naman ang Pangulo ang nag-utos na patayin itong mga suspect. Sa ating sariling imbestigasyon sa ating kapulisan ay nagpapakita na mayroon talagang ebidensya na karamihan, hindi ko nilalahat, I would say more than 90% 'no ay talagang nanlaban," Barbers said in a phone interview with GMA News Online on Thursday.

(They cannot prove that the President has criminal liability as the President did not order to kill these suspects. In our own probe, we established that more than 90% of drug suspects had really resisted arrest and fought back to authorities.) 

"Walang crime against humanity na na-commit ang ating Pangulo dahil nagpatupad lamang siya ng kanyang mandato na protektahan ang ating mga Pilipino sa mga ganitong klaseng aktibidades," he added.

(The President did not commit any crime against humanity because he only did his mandate of protecting Filipinos against drug-related incidents.)

Barbers also said the claim that Duterte's previous remarks could have encouraged the killings "will not hold water in court."

"They can go on and continue all they like pero sa aking paniwala, wala naman pong ebidensya na ang ating Pangulo ay involved sa ganyang klaseng aktibidades. They are just wasting their time," Barbers said.

(There's no proof that the President is involved in this.)

On Wednesday night, the ICC announced that its Pre-Trial Chamber 1 has granted then-Prosecutor Fatou Bensouda's June 14 request to probe crimes "allegedly committed on the territory of the Philippines between 1 November 2011 and 16 March 2019 in the context of the so-called 'war on drugs' campaign."

According to the ICC, a specific legal element of crime against humanity of murder" has been met with respect to Duterte's war on drugs in the period from July 1, 2016—the day after President Rodrigo Duterte was sworn into office as chief executive—until March 16, 2019, the day before the Philippines formally exited the Rome Statute, the treaty that established the ICC.

The Palace, however, maintained that the ICC has no jurisdiction

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over the Philippines because of the country's withdrawal from the Rome Statute -- the treaty that created the ICC -- on March 17, 2019.

With the ICC authorizing the probe into the Philippines' drug war, Albay Representative Edcel Lagman, for his part, said the adage that "crime does not pay" could finally catch up with Duterte.

"Duterte’s centerpiece program of eliminating the drug menace has degenerated into a killing field of drug suspects who invariably come from the marginalized and disadvantaged sectors," Lagman said, noting that no less than the government admitted that thousands have been killed in its drug war.

Bayan Muna party-list Representative Carlos Zarate said the time of reckoning and accountability on the alleged extrajudicial killings amid the war on drugs is near following the ICC's decision.

Zarate said ICC's go-signal to start the probe is "a whiff of good news long awaited in the midst of this climate of impunity that is running amok in the country today."

"We laud the ICC pre-trial chamber in finding that it has been sufficiently established for the purpose of an authorization to investigate that the contextual elements of crimes against humanity for murder under Article 7 of the Statute have been met. This is a clear warning to rights violators that impunity is not eternal, " Zarate said.

"We hope the investigation would start in earnest, to stem the increasing and rampant killings in the country," he said.

ACT Teachers party-list Representative Frances Castro stressed that Duterte and his "minions" cannot deny that state forces had a role in the killings of thousands of Filipinos.

"Its serious offenses against human rights in the so-called war against drugs have indeed reached the level of crimes against humanity, on par with those perpetrated by the most notorious dictators in history," Castro said.

On the other hand, Magdalo party-list Representative Manuel Cabochan said he expects that Duterte and his cohorts will not cooperate and deny the conduct of the investigation.

"This will gravely undermine the rule of law. It is a desperate and selfish act to protect themselves before the public’s interest. Kung sabagay matagal nang undermined ang rule of law at public interest sa administrasyong ito," Cabochan said.

Still, the lawmaker hopes that other government institutions will "stand up for the Filipino people and not cover up whatever cowardly act Duterte has done, is doing, and is about to do."

Gabriela party-list Representative Arlene Brosas said the ICC's move is "a huge step in bringing justice to thousands of mothers who lost their husband and children to the extrajudicial killings under the Duterte regime."

"This is a step forward for human rights defenders and all of the victims' families who have been waiting for years for a single shed of hope in bringing President Duterte accountable for this bloody war against the poor," Brosas said.

Government data stated that more than 6,000 were killed in the drug war, which is lower compared to the over 20,000 slays claimed by local and international human rights groups.

Chief presidential legal counsel Salvador Panelo earlier said he doubts ICC investigators will be allowed to set foot in the country. —KBK, GMA News