
By Christian V. Esguerra
The ICC prosecutor has rejected the Philippine government’s request to stop the resumption of the investigation into Rodrigo Duterte’s drug war. What happens now? We’ll speak with lawyer Gilbert Andres of the Center for International Law.
Former president Rodrigo Duterte’s pronouncements on killings could count as evidence in relation to the reopening of the International Criminal Court (ICC) investigation into Duterte’s drug war, a lawyer said.
In an interview with Christian Esguerra on the “Facts First” podcast, Center for International Law’s Gilbert Andres said Duterte’s pronouncements could help prove that extrajudicial killings (EJKs) were a state policy.
“The state policy doesn’t have to be written. It will be proven kung ano ba ang naging effect, kung ano ‘yung mga plans. One way to prove it is through the pronouncement of President Duterte,” Andres said.
“Cinorrelate din ng pre-trial chamber ‘yung rise and fall ng mga extrajudicial killings based kung kelan nangyari ang mga prononuncements. Kumbaga nagkakaroon ng spike sa EJKs kapag may mga pronouncement na ganyan,” he added.
Pronouncements by Duterte and high-ranking officers were cited by the ICC Pre-Trial Chamber in its decision to reopen the investigation.
“The Prosecution reiterates the Chamber’s preliminary finding when authorizing the investigation, that there was a reasonable basis to believe that alleged extrajudicial killings by
the police took place pursuant to or in furtherance of a State policy to kill suspected drug users
and sellers,” the ICC pre-trial chamber said.
Duterte had repeatedly encouraged law enforcers to shoot drug suspects.
“My order is shoot to kill you. I don’t care about human rights; you better believe me,” Duterte said weeks after his proclamation as president in 2016.
He also said previously that he would reward and praise those who had captured drug lords, dead or alive.
“When a president says it, that’s presidential policy. ‘Yun ang pinaka-unique sa president e. Hindi pwede sabihing joke lang,” Andres said.
In a resolution in June 2022, ICC prosecutor Karim Khan sought to resume the investigation into Duterte’s war on drugs.
However, the Philippine government has challenged the resolution, given that the country officially withdrew as a State Party from the court in March 2019.
The withdrawal was made after the ICC launched a preliminary examination into his war on drugs in 2018.