The government gave four “grounds” in its appeal as to why there should be a reversal of the ICC decision on the investigation, but looking back, it has been consistent in what it has been saying since 2018 that the ICC intervention, which victims’ families and lawyers said is a way to hold the responsible to account, will infringe on the country’s sovereignty.
HRW said it is difficult to predict how long it might take between the beginning of an investigation and the issuance of arrest warrants or summonses to appear. , “the International community is not powerless, it can have individual actions or collective actions just to make a point for rule of law, justice and respect for human rights.”ICC intervention not a surrender of sovereignty
Back in 2019, the Philippines withdrew from the Rome Statute on the prodding of Duterte, but the Supreme Court decided in 2021 that the Philippines still has the obligation to cooperate in criminal proceedings of the ICC since “withdrawing from the Rome Statute does not discharge a state party from the obligations it has incurred as a member.”As stressed by HRW, “soon after taking office in 2016, Duterte unleashed his ‘war on drugs’, which resulted in thousands of killings, mostly urban poor.
With Metro Manila having the most deaths, Drug Archive Philippines said “this is a disproportionate share, considering only 13 percent of the country’s population resides in Metro Manila.” As stated in Article 17 of the Rome Statute, the ICC can rule that a case is inadmissible if “ the case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution.”
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