ICC Prosecutor Karim Khan bent on putting former President Rodrigo Duterte in the dock over his bloody war on drugs has asked the tribunal’s appeals chamber to proceed with the investigation. | krixiasINQ /PDI
But Khan stressed that as many as 30,000 civilians were killed by the police or unidentified perpetrators in connection with the drug war, hence “nothing about these crimes suggest that the potential cases before the court were of marginal gravity.”
As to the OSG’s contention that the court no longer had any jurisdiction over the Philippines when the country withdrew from the Rome Statute in 2018, he maintained that the ICC’s jurisdictional assessment “relates to the period when the alleged crimes were committed”—when Duterte was still Davao City mayor up to 2016, and up to 2018 or during the first two years of his presidency.
“Rather, it means that the Court and States share a common mandate to put an end to impunity” of the perpetrators, and jointly “guarantee lasting respect for and the enforcement of international justice,” he added.Khan also underscored the PTC’s observation that Philippine investigations of the drug war did not have the same range and scope covered by the tribunal’s probe.
Khan noted that the OSG “has never previously articulated” this progression “nor cite any clear basis under the law of the Philippines requiring that this sequence is followed.”“In the understanding of the prosecution, PNP-IAS investigations and reviews by the DOJ panel are not legal prerequisites to the criminal investigation and prosecution of a police officer,” he added.
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