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MANILA, Philippines (AP) –
Philippine President Rodrigo Duterte will never cooperate with a possible International Criminal Court investigation into the thousands of murders committed as part of its drug crackdown, his spokesman said on Tuesday, calling an international investigation an insult to the justice system from the country.
But human rights activists hailed the possible investigation as a long overdue step towards justice and accountability. A leading critic of Duterte, jailed opposition Senator Leila de Lima, said the Filipino leader may now fear he will be “shackled in The Hague” to be tried as “an enemy of humanity “.
Outgoing ICC chief prosecutor Fatou Bensouda said on Monday that a preliminary examination revealed reason to believe crimes against humanity were committed during Duterte’s drug crackdown between July 1, 2016 and March 16, 2019.
The dates cover the period between when Duterte launched his police-imposed crackdown shortly after winning a six-year presidential term and when he removed the Philippines from court. Critics said at the time that he was trying to avoid liability.
More than 6,000 drug suspects, most of them poor, have been killed, according to government statements, but human rights groups say the death toll is considerably higher and should include many unsolved murders committed by armed men on motorcycles who may have been deployed by the police.
Duterte has denied tolerating extrajudicial killings of drug suspects despite openly threatening the suspects with death and has ordered police to shoot suspects who are dangerously resisting arrest.
Bensouda said she had requested permission to open a formal investigation. The court judges have 120 days to rule on his request.
Duterte spokesman Harry Roque called Bensouda’s decision “legally flawed,” saying the ICC, as the international court of last resort, could only intervene if the judiciary and the prosecution system ‘a country failed to function and investigate national crimes. Roque cited numerous pending murders and other cases involving the government’s campaign against illegal drugs that were being tried in Filipino courts.
“It is an insult to all Filipinos that a foreigner like Bensouda and other Filipinos say our legal institution in the Philippines is not functioning and delivering justice,” Roque said at a press conference. “How dare you say that the Filipino legal system is not working?” “
Roque said that the political “enemies” of Duterte and his administration had filed complaints with the ICC, adding that “we will never cooperate because we are no longer members”.
Bensouda, however, stressed that the court had jurisdiction over the alleged crimes while the Philippines was still a member of the court.
Rights activists have welcomed Bensouda’s conclusion. Amnesty International said his announcement “is a long-awaited step in ending incitement to murder President Duterte and his administration”.
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