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ICC says ruling on PH govt's ICC probe appeal out on July 18

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Mike Navallo, ABS-CBN News

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img alt="A picture taken on November 23, 2015 shows the building of the International Criminal Court (ICC) in The Hague, The Netherlands. Martijn Beekman, AFP Photo/File" src="https://sa.kapamilya.com/absnews/abscbnnews/media/2023/afp/01/26/20180905-international-criminal-court-afp-1.jpg"/><figcaption>A picture taken on November 23, 2015 shows the building of the International Criminal Court (ICC) in The Hague, The Netherlands. Martijn Beekman, AFP Photo/File</figcaption></figure></div>MANILA — The International Criminal Court (ICC) has set the date for the release of a ruling on the appeal of the Philippine government against its decision to allow the ICC Prosecutor to proceed with the probe on the killings in the drug war of former President Rodrigo Duterte and the so-called Davao Death Squad.<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img alt="ICC says ruling on PH govt" s="" ICC="" probe="" appeal="" out="" on="" July="" src="https://sa.kapamilya.com/absnews/abscbnnews/media/2023/news/07/13/icc-07132023.jpg"/></figure></div>“On Tuesday, 18 July 2023, at 10:00 (The Hague local time), the Appeals Chamber of the International Criminal Court (ICC) will deliver, in open Court, its judgment on the appeal of the Philippines Government against ICC Pre-Trial Chamber I’s authorisation, pursuant to article 18(2) of the Rome Statute, to resume the investigation of the Prosecutor,” the international tribunal said in a media advisory late Wednesday.Five judges comprise the Appeals Chamber, namely Presiding Judge Marc Perrin de Brichambaut, Judge Piotr Hofmański, Judge Luz del Carmen Ibáñez Carranza, Judge Solomy Balungi Bossa and Judge Gocha Lordkipanidze.The Philippine government appealed the decision of the ICC Pre-Trial Chamber in January this year to allow the resumption of the probe.The Pre-Trial Chamber had said it was “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.”<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/01/27/23/icc-oks-resumption-of-probe-into-ph-drug-war-davao-killings">ICC approves resumption of probe into PH drug war, Davao killings</a></li></ul>The Philippine government, in its appeal filed in March this year, said the ICC probe lacked legal foundation and reiterated its argument that the ICC no longer has jurisdiction over the Philippines since it had already withdrawn from the Rome Statute. It also insisted on its position that the ICC Pre-Trial Chamber failed to consider the Philippine Government’s willingness and ability to carry out its own investigations.Under the complementarity principle, the ICC would only step in if a state is unwilling or unable to genuinely carry out its own probes.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/03/15/23/ph-appeals-resumption-of-icc-probe-into-drug-war-killings">PH appeals resumption of ICC probe into drug war killings</a></li></ul>Responding to the appeal, ICC Prosecutor Karim Khan said the Pre-Trial Chamber was correct in authorizing the resumption of the probe despite the Philippines’ jurisdiction objection because what matters is the period when the alleged crimes were committed — when the Philippines was still a party to the Rome Statute which created the ICC — and not when the investigation was opened.He also pointed out why the ICC should step in: the Philippines, according to him, is not probing the same persons for the same conduct which the ICC seeks to investigate.The investigations the Philippines presented to the ICC so far did not extend to high-ranking officials, including Duterte and former Philippine National Police Chief and now Senator Ronald dela Rosa, who have been previously mentioned in prior ICC Prosecutor and Pre-Trial Chamber rulings, Khan said.Neither were alleged killings by private individuals nor those committed in Davao the subject of probes in the country.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/04/12/23/icc-prosecutor-opposes-phs-grounds-in-icc-appeal-over-drug-war-probe">ICC Prosecutor opposes PH’s grounds in ICC appeal over drug war probe</a></li></ul>The ruling from the Appeals Chamber on July 18 is expected to settle these issues.If the authorization to proceed with the probe is affirmed, the ICC Prosecutor will continue with its investigation.The Philippine government had sought a temporary suspension pending the resolution of its appeal but that was denied by the ICC Appeals Chamber.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/03/28/23/icc-rejects-philippine-bid-to-suspend-drug-war-probe">ICC appeals chamber rejects Philippines&#x27; bid to suspend drug war investigation</a></li></ul>Under the Rome Statute, the Prosecutor, after the start of the probe, could apply for a warrant of arrest with the Pre-Trial Chamber.The Pre-Trial Chamber could issue the arrest warrant if there are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the ICC and if the arrest is necessary either to ensure his appearance during trial, or to ensure that the person will not obstruct or endanger the investigation, or to prevent the continuing commission of the crime.The ICC could then request a state party to the Rome Statute to effect the arrest.In the alternative, the ICC may issue summons requiring the person to appear.The trial at the ICC, however, can only proceed if the accused is present.The July 18 announcement of the Appeals Chamber’s ruling will be livestreamed and is open to attendance by journalists for coverage, members of the diplomatic corps, NGOs and other members of the public in the tribunal’s seat at The Hague in The Netherlands.Duterte canceled the Philippines&#x27; membership in the Rome Statute, ICC&#x27;s founding treaty, in March 2018. It took effect a year later.According to government data, more than 6,000 people were killed under Duterte’s drug war. But rights group say that the figure could be higher, including innocent ones, and that corruption was rife among security forces that acted with impunity.<div>RELATED VIDEO</div><figure class="op-interactive"><iframe allow="autoplay; fullscreen" frameBorder="0" height="100%" id="ivsplayer01" scrolling="no" src="https://player.ivideosmart.com/ivsplayer/v4/dist/html/iframe-src.html?iframeid=ivsplayer01&amp;key=e8c22c015ca9eafa76f1e3edfa03c603&amp;spid=3001339&amp;vid=2718520" width="100%"></iframe></figure><div class="iwantbar">Watch more News on <a href="https://www.iwanttfc.com/#!/browse/Genres/News/tag_id_genres/id_news" target="_blank">iWantTFC</a></div>

The Philippine government had appealed the decision of the ICC Pre-Trial Chamber in January this year to allow the resumption of the probe.

ICC says ruling on PH govt's ICC probe appeal out on July 18

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ICC says ruling on PH govt's ICC probe appeal out on July 18

Mike Navallo,

ABS-CBN News

Published July 13, 2023 04:37 PM PHT

|

Updated July 14, 2023 11:19 AM PHT

Read More:

ICC

drug war

war on drugs

International Criminal Court

Rodrigo Duterte

The Hague

trial

crime

Davao Death Squad

justice

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