The Philippines will continue its appeal against the International Criminal Court’s (ICC) jurisdiction and authority to investigate killings during former President Rodrigo Duterte’s ‘war on drugs’, despite President Ferdinand Marcos Jr’s announcement last month that he would cut off contact with the ICC after it rejected the government’s request to suspend a probe into thousands of killings during the anti-narcotics campaign. Solicitor General Menardo Guevarra confirmed that the appeal will not be withdrawn and that the Philippines will “disengage with the ICC after exhausting our legal remedies within the framework of the Rome Statute.” The ICC approved a formal investigation into possible crimes against humanity allegedly committed under Duterte’s leadership in September 2021, but the probe was suspended in November 2021 at Manila’s request, with the ICC resuming the investigation in January 2023. While the Philippines is no longer a signatory to the international tribunal after Duterte officially pulled out of the court in 2019, the ICC prosecutor Karim Khan has argued that the ICC has jurisdiction because the country was a party at the time the alleged crimes were committed. Khan has urged the court to reject Manila’s appeal and uphold its earlier decision to allow the resumption of the probe, alleging that civilians – including children – had been killed by the police or unidentified individuals “apparently acting in coordination with the police.” While police say 6,200 suspects were killed during anti-drug operations that ended in shootouts, human rights groups have accused the government of systematic executions and cover-ups, citing available information that as many as 30,000 civilians had been killed.
The Philippines will continue to appeal the International Criminal Court’s jurisdiction to investigate Duterte’s drug war, despite disengaging from the ICC.
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