MANILA — The Philippines’ ongoing obligations under the Rome Statute have come under renewed focus as the International Criminal Court (ICC) continues its investigation into alleged crimes against humanity during the country’s controversial “war on drugs.”

In a statement, the National Union of People’s Lawyers (NUPL) underscored that despite the Philippines’ withdrawal from the ICC in March 2019, the country is still bound by certain obligations under Article 127 of the statute.

The article states that a withdrawal does not absolve a state of its duty to cooperate with investigations or proceedings that were initiated before the withdrawal became effective.

“Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective,” the NUPL emphasized.

The organization also described this as a critical obligation to deliver justice for the thousands of victims of the “war on drugs,” which has been widely criticized by human rights groups for alleged extrajudicial killings.

Recently, Justice Secretary Jesus Crispin Remulla has signaled a willingness to engage with the ICC, stating in an interview: “We will talk to them soon in a very well-defined manner, in the spirit of comity,” acknowledging that “there are certain areas we can cooperate” but emphasized that clear boundaries must be established.

Remulla also acknowledged the presence of the ICC and maintaining contact with human rights groups, stating that cooperation is permissible according to law.

Malacañang, however, maintained the official stance that the Philippines has withdrawn from the ICC but will honor requests through Interpol.

Duterte Continues to Reject ICC Involvement in Drug War Investigation

Meanwhile, former President Rodrigo Duterte, under whose administration the drug war was implemented, continues to reject the ICC’s jurisdiction.

Duterte’s legal advisor, Salvador Panelo, and other allies have maintained that the court lacks authority to prosecute Duterte, denying his responsibility for the killings and even questioning whether they constitute crimes against humanity.

Critics have dismissed these arguments as baseless, comparing them to the infamous propaganda tactic of repeating lies until they are perceived as truth.

The ICC has adopted a methodical approach to its investigation in the Philippines, with a live portal inviting witness testimonies. This signals an increasingly open approach by the court as it works to uncover the truth behind the allegations.

The development comes amid a series of actions by the ICC in other cases. Last month, warrants of arrest were issued for the situation in Palestine, and just yesterday, the ICC prosecutor applied for warrants in Afghanistan. Human rights advocates in the Philippines are hopeful that progress will soon be made in their case.

“The next step could bring us closer to justice,” said the NUPL. “We will see them in the ICC.”

📷 Jan van der Wolf, Pexels