On June 18, 2021, a 16-year-old boy named Johndy Maglinte was shot during an anti-drug operation in Biñan City, Laguna. Johndy was shot in broad daylight, at 4:30 in the afternoon. His live-in partner, also a minor, allegedly witnessed the incident.
There are, of course, two versions of the incident that led to Johndy’s death.
According to his live-in partner, Johndy was handcuffed, taken out of their home, and dragged into a muddy area nearby by the police, submerging his face in the mud, as if drowning him, before shooting him.
On June 18, 2021, a 16-year-old boy named Johndy Maglinte was shot during an anti-drug operation in Binan, City Laguna. Johndy was shot in broad daylight, at 4:30 in the afternoon. His live-in partner, also a minor, allegedly witnessed the incident.
There are, of course, two versions to the incident that led to Johndy’s death.
According to his live-in partner, Johndy was handcuffed, taken out of their home, and dragged into a muddy area nearby by the police, submerging his face in the mud, as if drowning him, before shooting him.
Official records of the Calabarzon Philippine National Police said Johndy and his companion, Antonio Dalit, were killed after exchanging shot with the cops.
Johndy’s live-in partner and mother asked: “How could Johndy have engaged in a gunfight when he didn’t even own a gun?”
Incidents like this — the deaths of over tens of thousands — have become commonplace since President Rodrigo Duterte assumed office in 2016 and began his “war on drugs.” The policy is part of Duterte’s campaign when he ran as president in the 2016 national elections.
It was the anchor of his anti-crime campaign, with the promise that the Philippines’ crime problem will be solved once he eliminates the illegal drug trade in the country. This came with a precedent: Duterte faced allegations that he was behind extra-judicial killings committed in Davao City, where he served as mayor for two decades.
Crime rate in Davao City went down during his term, but it came with a price. From 1998 to 2008, more than 1,000 people died or disappeared in the city. These deaths were attributed to vigilante groups that human rights groups said Duterte encouraged.
“The funeral parlors will be packed. I will supply the dead bodies,” he said in a March 2016 speech.
Duterte was sworn in as president on June 30, 2016.
On Duterte’s first day in office, 39 people were killed in drug-related killings.
By August 23, 2016, 1,916 Filipinos had died in relation to police anti-drug operations and vigilante killings, according to the Human Rights Watch. Then-newly installed Philippine National Police chief Ronald Dela Rosa said the official figures were slightly lower than that, with 700 drug criminals and traffickers killed in official operations.
These anti-drug operations are part of the national police’s “Oplan Double Barrel,” a program meant to “neutralize” drug criminals and syndicates. The campaign includes “Oplan Tokhang,” a program that saw cops go to the homes of suspected drug criminals, mostly without a warrant, to allegedly invite them to the barangay hall or the police station for questioning.
Reports that came out later that year said, based on eyewitness testimonies and evidence, that police were summarily gunning down suspected drug criminals when they conducted their anti-drug operations.
1,916 Filipinos died in less than three months—an average of 60 people every day since Duterte became president.
The increase in drug-related deaths raised the alarms of many sectors. But the “war on drugs” continued, nonetheless.
The Senate did a probe on the spate of extrajudicial killings in the first few months of Duterte’s presidency; the probe’s chairman, Richard Gordon, said in October 2016 that Duterte was not responsible for unlawful killings.
In turn, Duterte threatened groups that wanted to investigate the killings. He threatened to pull the Philippines out of the United Nations after the organization urged the country to take steps to stop the killings of the suspected drug crime offenders.
In November 2016, Duterte threatened to kill human rights advocates who will probe the killings. Reuters, in a review of 43 drug related shootings, reported in December 2016 that police were targeting and killing suspected drug criminals during the Oplan Tokhang operations.
While small-time drug traffickers are targeted in these operations, big-time drug syndicates remained free and almost unscathed.
“If you are poor, you are killed,” a family member of a slain drug suspect told Amnesty International.
While small-time drug traffickers are targeted in these operations, big-time drug syndicates remain free and almost unscathed.
“If you are poor, you are killed,” a family member of a slain drug suspect told Amnesty International.
There is a huge disparity between the death poll cited by human rights groups — groups who have contact with the communities that have been affected by the “war on drugs” — and the official numbers given by the national police and other government offices.
Based on the figures in the #RealNumbersPH campaign of the Philippine Drug Enforcement Agency, 5,924 drug suspects had died in police operations as of October 31, 2020.
That number is higher if you ask the Philippine National Police: 6,600 drug suspects killed, as of May 31, 2019.
But according to the figures released by the United Nations High Commissioner for Human Rights in June 2020, 8,663 Filipinos died in drug-related deaths in the Philippines since the Duterte administration began its anti-drug campaign.
In 2018, Commission on Human Rights chairperson Chito Gascon said the death count could actually be as high as 27,000.
Regardless of the official number, what’s clear here is the lives that have been needlessly taken because of the “war on drugs.”
Methodology: PCIJ collected nearly 2,000 names and addresses of drug casualties in Metro Manila. Then they showed their data with DSWD and asked to match the names they collected with those of families who are in the department’s 4Ps database. To validate data, they visited the homes of the victims’ families and request to show their 4Ps IDs.
There is a huge disparity between the death poll cited by human rights groups—groups who have contact with the communities that have been affected by the War on Drugs—and the official numbers given by the national police and other government offices.
Based on the figures in the #RealNumbersPH campaign of the Philippine Drug Enforcement Agency, 5,924 drug suspects had died in police operations as of October 31, 2020.
That number is higher if you ask the Philippine National Police: 6,600 drug suspects killed, as of May 31, 2019.
But according to the figures released by the United Nations High Commissioner for Human Rights in June 2020, 8,663 Filipinos died in drug-related deaths in the Philippines since the Duterte administration began its anti-drug campaign.
In 2018, Commission on Human Rights chairperson Chito Gascon said the death count could actually be as high as 27,000.
Regardless of the official number, what’s clear here is the lives that have been needlessly taken because of the War on Drugs.
Methodology – PCIJ collected nearly 2,000 names and addresses of drug casualties in Metro Manila. Showed their data with DSWD and asked to match the names they collected with those of families who are in the department’s 4Ps database. To validate data, they visited the homes of the victims’ families and request to show their 4Ps IDs.
What is clear is how the “war on drugs” has failed due to the administration’s punitive approach, seeing the problem that Duterte described as a “drug crisis” as one that can only be solved through punishment and violence.
But the Philippines isn’t the only country to have tried — and have failed at — this method of solving the drug problem. Countries like the United States and Mexico heavily punished drug crime offenders, which only resulted in the prosecution of minorities and impoverished communities.
The unnecessary deaths of thousands in the Philippines due to the “war on drugs” did not lead to any real solution.
To achieve real change, the Philippines needs to solve the drug problem using Harm Reduction — a system that focuses on humane approaches in addressing the drug issue.
Looking at the numbers and the data, it is easy to see where the growing consensus that the “war on drugs” has failed is coming from.
The government’s relentless anti-drug campaign has not resulted in the eradication of crime and drug use in the country. In an interview with Reuters in 2019, Philippine National Drug Enforcement Group acting director Romeo Caramat said the drug supply in the country remains “rampant.”
Looking at the numbers and the data, it is easy to see where the growing consensus that the War on Drugs has failed is coming from.
The government’s relentless anti-drug campaign has not resulted in the eradication of crime and drug use in the country. In an interview with Reuters in 2019, Philippine National Drug Enforcement Group acting director Romeo Caramat said that the drug supply in the country remains “rampant.”
In many of his speeches, Duterte admitted that the crime problem in the Philippines is worsening. This, even though anti-drug operations and the killings continued unabated amidst the COVID-19 pandemic. According to Human Rights Watch, 155 people were killed from April to July 2020 — the first few months of lockdown in the country — as a result of these operations.
The “war on drugs” has left an indelible mark in the Philippines: its detrimental effect on human rights.
The Philippines’ anti-drug campaign normalized violence. Many Filipinos have become used to the news and sight of dead bodies lying on the streets. The disregard of due process, especially for suspected drug criminals, has become rampant.
Slowly, the “war on drugs” is instilling in the Filipino consciousness that addicts and drug users are less than human and do not deserve to be treated humanely. Of course, this cannot be farther from the truth. The disregard for the humane treatment of drug users and criminals also creates a different set of victims of the “war on drugs”: the families that are left behind due to the needless violence employed by the government to slow the drug crisis.
It has left many orphans and single parents — many of whom saw their loved ones die — displaced, left without livelihood and safety. Police officers were also killed in the line of duty.
But perhaps one of the biggest tragedies of the “war on drugs” is the death of children and minors, both as targets and “collateral damage” of the anti-drug campaign.
Myca Ulpina was one of the youngest victims of Duterte’s “war on drugs.” She died on June 30, 2019, with the police saying she was caught in a crossfire between suspected drug criminals and police officers.
She was three years old.
The buy-bust operation targeted Myca’s father, Renato Ulpina, and other alleged cohorts. According to Senior Master Sgt. Conrad Cabigao, he went undercover to buy methamphetamine — locally known as shabu — from Renato, who allegedly fought back after realizing the purchase was a sting operation.
Cabigao said Renato used Myca as a “human shield” during the gunfight. On the other hand, Myca’s mother said it was not a buy-bust operation but murder. She said the cops entered their home while they were asleep, shooting both the defenseless Renato and Myca.
Renato died on the spot. Myca was shot by police on the head, hand, and foot. She died the next day.
Myca Ulpina was one of the youngest victims of Duterte’s war on drugs. She died on June 30, 2019, with the police saying she was caught in a crossfire between suspected drug criminals and police officers.
She was three years old.
The buy-bust operation targeted Myca’s father Renato Ulpina and other alleged cohorts. According to Senior Master Sgt. Conrad Cabigao, he went undercover to buy methamphetamine—locally known as shabu—from Renato, who allegedly fought back after realizing the purchase was a sting operation.
Cabigao said Renato used Myca as a “human shield” during the gunfight. Myca’s mother said what was not a buy-bust operation but murder. She said the cops entered homes while they were asleep, shooting both the defenseless Renato and Myca.
Renato died on the spot. Myca was shot by police on the head, hand, and foot. She died the next day.
Joshua Laxamana was killed in an alleged shootout with the police in Pangasinan on August 17, 2018.
According to reports, he was on his way home on a motorcycle with a friend after playing an online gaming tournament in Baguio City. He allegedly tried to dodge a mandatory police checkpoint in Pangasinan, initiating a gunfight with the cops.
Police said Joshua ignored the police checkpoint because he was a wanted member of an Akyat Bahay gang, accusing him of four burglaries in Pangasinan. Illegal drugs and a .45 caliber pistol were reportedly found on the motorcycle he was riding.
The police said the tattoo on Joshua’s forearm is a “mark of a notorious burglar.”
Joshua’s mother, Christine Pascual, refuted the allegations. She said Joshua could not drive a motorcycle, let alone afford one. He was focused as an e-sports gamer, she said, making it hard for her to believe she was involved in a burglary gang. The “mark of a burglar” on Joshua’s forearm was later confirmed by an e-sports journal to be a tattoo of a character in the online game he played.
Joshua’s friend, Julian Sebastian, who was 15 years old when the incident happened, is still missing.
Joshua Laxamana was killed in an alleged shootout with the police in Pangasinan on August 17, 2018.
According to reports, he was on his way home on a motorcycle with a friend after playing an online gaming tournament in Baguio City. He allegedly tried to dodge a mandatory police checkpoint in Pangasinan, initiating a gunfight with the cops.
Police said Joshua ignored the police checkpoint because he was a wanted member of an Akyat Bahay gang, accusing him of four burglaries in Pangasinan. Illegal drugs and a .45 caliber pistol were reportedly found on the motorcycle he was riding.
The police said the tattoo on Joshua’s forearm is a “mark of a notorious burglar.”
Joshua’s mother, Christine Pascual, refuted the allegations. She said Joshua could not drive a motorcycle, let alone afford one. He was focused as an esports gamer, she said, making it hard for her to believe she was involved in a burglary gang. The “mark of a burglar” on Joshua’s forearm was later confirmed by an esports journal to be a tattoo of a character in the online game he played.
Joshua’s friend Julian Sebastian, who was 15 years old when the incident happened, is still missing.
The killings do not discriminate.
Filipinos as young as one year have been killed while caught between confrontations with police or as targets of vigilantes.
As of June 2020, at least 122 children died during Duterte’s “war on drugs,” according to the World Organization Against Torture — whether deliberately, as proxies or replacement of targets that could be found, or due to stray bullets.
The killings do not discriminate.
Filipinos as young as one year have been killed while caught between confrontations with police or as targets of vigilantes.
As of June 2020, at least 122 children died during Duterte’s war on drug, according to the World Organization Against Torture—whether deliberately, as proxies or replacement of targets that could be found, or due to stray bullets.
Anyone lucky enough to be on the wrong side of these operations can find themselves dead.
What is left in the wake of these killings are families struggling to cope with the violent loss of their loved ones; children left parentless, forced to fend for themselves; single parents at a loss on how to support their sons and daughters.
Let us remember those who have died because of the “war on drugs” and those they have left behind.
Let us build the people’s narratives on the War on Drugs. If you want to collaborate in expanding this page, email us at support@stopthekillings.ph
We are a safe space for learning. We are home to different information and stories, gathered from credible sources, about harm reduction.
We are stronger and louder as a community. Contribute your voice and stories here. Help amplify the call to stop the killings.
We are listening. Don’t hesitate to get in touch with us. Leave a message and we’ll get in touch with you.
We are a safe space for learning. We are home to different information and stories, gathered from credible sources, about harm reduction.
We are stronger and louder as a community. Contribute your voice and stories here. Help amplify the call to stop the killings.
We are listening. Don’t hesitate to get in touch with us. Leave a message and we’ll get in touch with you.
#StopTheKillingsPH #EndImpunity #NotoEJK #StartTheHealing
#StopTheKillingsPH #EndImpunity #NotoEJK #StartTheHealing
Stop the Killings PH is a call to action advocating for harm reduction policies, amplifying demand for accountability, and humanize the stories of the victims affected by the “war on drugs.”
Stop the Killings PH is a call to action advocating for harm reduction policies, amplifying demand for accountability, and humanize the stories of the victims affected by the “war on drugs.”
The ICC appeals chamber allows victims and their families to submit comments before the court, rejecting the Philippine government’s move to block this effort. In its decision, the chamber says it “considers it appropriate for victims to be involved in these appeals proceedings.”
The chamber instructs the Victims Participation and Reparations Section (VPRS) to “collect and transmit…representations from any interested victims and victim groups” and include these in a report to be submitted by May 22, 2023.
Then-ICC prosecutor Bensouda says she aims to finalize her preliminary examination by 2020 so her office can “reach a decision on whether to seek [authorization] to open an investigation into the situation in the Philippines.”
In a report, Bensouda says her office “significantly advanced its assessment” since 2018, adding that they continue to monitor the situation, including reports of threats and harassment against human rights defenders.
The ICC’s pre-trial chamber greenlights the investigation into Duterte’s war on drugs and killings in Davao City between 2011 and 2016.
In the decision, ICC judges conclude that “there is a reasonable basis for the Prosecutor to proceed with an investigation, in the sense that the crime against humanity of murder appears to have been committed.”
The chamber also observes that “it is also apparent” that killings took place “pursuant or in furtherance of a state policy.”
Then-ICC prosecutor Bensouda applies for authorization with the pre-trial chamber to open an investigation into the killings committed during the war on drugs and in Davao City from 2011 to 2016.
Bensouda, in a report, says “extrajudicial killings, perpetrated across the Philippines, appear to have been committed pursuant to an official State policy of the Philippine government.”
This move comes a day before Bensouda, who has been publicly threatened by Duterte, retires from the ICC on June 15. She is replaced by Karim Khan, who has extensive experience working in international criminal tribunals.
Families of drug war victims earlier call on Bensouda to “issue a warrant of arrest against President Rodrigo Duterte and hold him while trial is ongoing.”
The Supreme Court junks a petition questioning the validity of Duterte’s withdrawal from the ICC, including whether he is legally required to get the concurrence of the Senate in doing such act.
The High Court, voting unanimously, dismisses the petition because it has become moot and academic.
It, however, says the government is obliged to cooperate with the ICC even if it has already withdrawn, according to the full document released months after on July 21, 2021. Despite this, Malacañang remains firm in its decision not to cooperate.
Families of drug war victims call on the ICC to hold Duterte accountable for allegedly impeding justice, including instances when he repeatedly threatened Bensouda and the court.
In a supplemental pleading submitted to Bensouda, mothers represented by the National Union of Peoples’ Lawyers say Duterte “should be held accountable for his blatant attempt to pervert the course of justice by intimidating and retaliating against the officials of the [ICC].”
Bensouda says there is “reasonable basis to believe that crimes against humanity” were committed in the Philippines in connection with Duterte’s war on drugs. These incidents, she points out in a report, occurred at least between July 1, 2016 to March 16, 2019 – a day before the Philippines’ withdrawal from the ICC took effect.
Her office, however, is yet to reach a decision on whether to seek permission to open a formal investigation, given the challenges brought about by restrictions related to the coronavirus pandemic.
Arturo Lascañas, former Davao City top cop and self-confessed DDS hitman, signs a Third Agreement on Limited Use of Information with the ICC. The document shows that the ICC Office of the Prosecutor (OTP) will not use as evidence against Lascañas his confessions about carrying out killings ordered by Duterte himself.
This is unprecedented and considered a first in Philippine history. International human rights lawyer Ruben Carranza says this move is a form of use immunity, while former ICC prosecutor Luis Moreno Ocampo says the document means that the OTP is treating the witness as an insider, although he could also be a suspect.
The Philippines officially ceases to be a member-state of the ICC, a year after the Duterte government first gave notice of its withdrawal as signatory to the Rome Statute.
While withdrawing does not hinder the ICC from moving forward with possible proceedings, it will most likely make things difficult for investigators, especially in terms of getting cooperation from the Philippine government.
New ICC Prosecutor Karim Khan, who succeeded Bensouda, urges the Duterte government to cooperate with his office in the conduct of an investigation into the killings under the war on drugs, as well as those committed in Davao City between 2011 and 2016.
In a statement, Khan says he remains “willing to constructively engage with national authorities in accordance with the principle of complementarity and our obligations under the Statute.”
The investigation, he adds, seeks “to uncover the truth and aims to ensure accountability,” as well as focus their efforts to ensure a “successful, independent, and impartial investigation.”
Families of drug war victims, through another submitted communication, urge then-ICC prosecutor Fatou Bensouda to indict and eventually convict Duterte.
The families, convened under the Rise Up for Life and for Rights network, “call for an end to madness and for [Duterte], who has likened himself to one of the most evil men in history, to be brought before the ICC and be held to account for crimes against humanity.”
The human rights abuses under his administration “threaten the core principles of humanity itself, subsuming individual victim experiences, and even state borders,” the families add.
The Philippine government formally submits to the United Nations its written notice of withdrawal from the ICC. In the letter, the government says its decision to withdraw reflects the country’s “principled stand against those who politicize and weaponize human rights.”
The transmission of the letter officially triggers the one-year waiting period before the withdrawal takes effect.
Duterte announces that the Philippines will withdraw as a member-state of the ICC. In a written statement, the President says he is “withdrawing [the country’s] ratification of the Rome Statute effective immediately.”
But the Rome Statute, the ICC’s founding document, explicitly states that withdrawal shall only take effect “one year after the date of receipt of the notification.” Ceasing to be a member-state will also not affect criminal investigations and proceedings that have been started before the withdrawal came into effect.
The ICC Office of the Prosecutor announces that it has initiated a preliminary examination to determine whether there is sufficient evidence to establish that the case falls under the court’s jurisdiction.
In a statement, Bensouda says her office has decided to pursue this move “following a careful, independent, and impartial review of communications and reports documenting alleged crimes.”
Then-presidential spokesperson Harry Roque says Duterte welcomes this move “because he is sick and tired of being accused of the commission of crimes against humanity.”
Then-senator Antonio Trillanes IV and Magdalo representative Gary Alejano file supplemental communication before the ICC urging Bensouda to initiate a preliminary examination “to provide a glimmer of hope for the thousands of victims that Duterte’s impunity would soon end.”
The 45-page document the two submitted highlights Duterte’s violent rhetoric, including various pronouncements in which he ordered the killings of suspected drug personalities.
Filipino lawyer Jude Sabio files a communication before the ICC over Duterte’s undertaking of mass murder “repeatedly, unchangingly, and continuously”.
He requests the court to “commit [Duterte] and his senior government officials to the Trial Chamber for trial and that the Trial Chamber in turn, after trial, convict them and sentence them to corresponding prison sentence or life imprisonment.”
Sabio was the lawyer of self-confessed Davao Death Squad (DDS) member Edgar Matobato, who was the first to publicly come out to accuse Duterte of being behind the killings in Davao City as mayor.
In the documents filed, Sabio says he has “direct proof beyond reasonable doubt” that Duterte continued these killings at the national level.
Sabio would later “withdraw” his communication in January 2020, but experts point out this will not affect the ongoing proceedings. He died on April 12, 2021due to cardiac arrest.
Duterte threatens to withdraw the Philippines from being a member-state of the ICC.
He calls the international court useless, saying it really is unable to help small countries. This would be the first of many instances when the President would publicly threaten and insult the ICC and its officials.
New ICC Prosecutor Karim Khan, who succeeded Bensouda, urges the Duterte government to cooperate with his office in the conduct of an investigation into the killings under the war on drugs, as well as those committed in Davao City between 2011 and 2016.
In a statement, Khan says he remains “willing to constructively engage with national authorities in accordance with the principle of complementarity and our obligations under the Statute.”
The investigation, he adds, seeks “to uncover the truth and aims to ensure accountability,” as well as focus their efforts to ensure a “successful, independent, and impartial investigation.”
The Duterte government formally requests the ICC to stop the ongoing investigation into the Philippine situation.
Through a letter signed by Philippine Ambassador to the Netherlands J. Eduardo Malaya, the government avails of an option available under the Rome Statute which allows it to ask the Prosecutor to defer the probe and recognize working domestic mechanisms.
The ICC’s appeals chamber permits the Philippine government to respond to Karim Khan’s argument filed on April 4th.
The principal counsel of the ICC’s Office of Public Counsel for Victims files a request to appear before the appeals chamber to represent the victims’ comments on the Philippine government’s appeal. The office says “the issues on appeal fundamentally affect the general interest of the victims” and that stopping the probe may jeopardize the victims’ rights to “truth, justice, and reparations.”
Justice Secretary Remulla had anticipated arguing with the European Parliament’s delegates who were in the Philippines about the state of the nation’s human rights, but he left saying his conversation with them regarding the International Criminal Court’s (ICC) impending investigation was “not argumentative.”
The ICC Office of Public Counsel for Victims rejects the bid of the Philippine government to stop the investigation into Duterte’s war on drugs, saying that the Philippines failed to demonstrate that the pre-trial chamber committed any error in making the decision or establish a law error that “materially affected the decision.”
In a document submitted before the appeals chamber, principal counsel Paolina Massidda said that halting the investigation will jeopardize the victims’ rights to “truth, justice, and reparations.”
“Depending on their resolution, victims may be denied the opportunity to uncover the truth, present their views and concerns throughout the proceedings, ensure that those responsible are held accountable, and ultimately claim reparation,” she said.
Prosecutor Khan says the points that the Philippine government wants to respond to are “not new” and that it “could reasonably have anticipated them.”
The Philippine government asks the appeals chamber for a leave to file a brief reply to Khan’s response.
Khan urged the ICC to reject the Philippine’s March 13 appeal brief.
According to the prosecutor, the government “failed to show any error” in the decision of the court to roll out the probe.
The ICC appeals chamber dismisses the Philippine government’s motion to suspend the ongoing investigation during appeals proceedings. In its decision, the chamber highlights the “absence of persuasive reasons in support of ordering suspensive effect” that the Marcos administration sought against a court ruling that allowed the probe to continue.
This means that ICC Prosecutor Karim Khan is free to continue his office’s investigation into the violent war on drugs, a move that the ICC pre-trial chamber authorized in January 2023.
The Philippine government’s OSG submits its appeal brief to the ICC, reiterating that the prosecution’s continuation of the probe into the drug war killings lacks legal foundation and “would encroach on the sovereignty of the Republic of the Philippines.”
The government also requests the suspension of the ongoing investigation until its appeal is decided on by the chamber.
The Philippine government files its motion to block the request of families to be included in the proceedings.
ICC Prosecutor Karim Khan asks the court’s appeals chamber to deny the Philippine government’s request to suspend the probe. He argues that the Philippines “has not provided any argument substantiating its request for suspensive effect, nor shown that implementation of the decision would create an irreversible situation or one that would be very difficult to correct or that could potentially defeat the purpose of the appeal.”
President Marcos Jr. says ICC probe into Duterte’s drug war is a “threat to sovereignty” and the Philippines “do not need any assistance from any outside entity.”
ICC Prosecutor Khan announces that his office will temporarily suspend its investigation into the drug war killings in the Philippines but assures the public they will “continue its analysis of information already in its possession as well as new information it may receive.” This move to pause the probe is a matter of procedure.
The Philippine government, represented by Solicitor General Menardo Guevarra, files its notice of appeal, asking the ICC to suspend its decision to resume its probe into the killings.
The ICC pre-trial chamber reopens the investigation into the drug war killings. The chamber says it’s “not satisfied that the Philippines is undertaking relevant investigations that would warrant a deferral of the Court’s investigations on the basis of the complementarity principle.”
Justice Secretary Jesus Crispin “Boying” Remulla says Khan is doing the court a “disservice” for challenging the Philippine system. The ICC, he insists, “cannot run roughshod over our system and say you’re a lousy country.”
ICC Prosecutor Karim Khan reiterates his office’s request to resume an investigation, adding that the deferral requested by the Philippine government is “not warranted.”
In response, Justice Secretary Menardo Guevarra says he respects Khan’s view but that “he should have waited for our efforts to bear some fruit.”
He added: “An investigation of this magnitude and complexity cannot be finished in a few months.”
Khan files a request before the ICC pre-trial chamber seeking to resume his office’s investigation into the killings under Duterte’s war on drugs and those committed in Davao City between 2011 and 2016. In a 53-page document, Khan says information collated by his office “does not demonstrate that concrete and progressive steps have been taken or are being taken by the competent national authorities.”
He adds that the government failed to show that any individual has been probed “for ordering, planning, or instigating” the killings. He also says there is no indication that “domestic authorities are investigating the alleged systematic nature of these and other killings.”
Khan also says the inter-agency drug war review panel “does not appear to possess powers or authority independent of the [Department of Justice] or have any specific investigative function.” What the DOJ-led panel did appears to be a mere “desk review” that “by itself does not constitute investigative activity.”
ICC Prosecutor Khan says they will ask the Duterte administration for proof that it is genuinely investigating the killings under the violent war on drugs.
In a statement, he says that “such information must consist of tangible evidence, of probative value and a sufficient degree of specificity, demonstrating that concrete and progressive investigative steps have been or are currently being undertaken to ascertain the responsibility of persons for alleged conduct falling within the scope of the authorized ICC investigation.”
Then-ICC prosecutor Fatou Bensouda says her office is keeping an eye on the incidents in the Philippines as the number of deaths in drug war operations continues to rise almost four months into the Duterte administration.
In a statement, she says her office “will be closely following the developments… and record any instance of incitement or resort to violence with a view to assessing whether a preliminary examination into the situation of the Philippines needs to be opened.”
Without naming any official, Bensouda also warns that “any person in the Philippines who incites or engages in acts of mass violence including by ordering, requesting, encouraging or contributing, in any other manner, to the commission of crimes within the jurisdiction of the ICC is potentially liable to prosecution before the Court.”