The Philippines has hinted at a probable change of attitude toward the ICC investigation of the controversial deadly drug war, which claimed thousands during the administration of former President Rodrigo Duterte. This is a reversal of the hostile stance his government had taken against cooperating with the ICC investigation into perceived crimes against humanity during Duterte's hardline "war on drugs."
A Softened Stance on ICC Investigation
The Philippines withdrew from the ICC in 2019 after the court initiated an investigation into allegations of extrajudicial killings linked to Duterte's drug war. However, recent statements by key officials appear to reflect a more open attitude toward cooperation. Justice Secretary Jesus Crispin Remulla has confirmed that limited cooperation with the ICC is currently under consideration by the Philippine government.
"We will engage them soon, and very much in a very detailed fashion, in the principle of comity," Remulla said in an interview, allowing the prospect of talks and cooperation on clear boundaries being laid out first.
The softer tone is a backtracking from hardline rhetoric to dismiss the jurisdiction of the ICC or relevance to any probe of crimes preceding Manila's pull-out from the court.
The Controversial Drug War Under Duterte
A runaway anti-drug crusade launched in 2016 by Mr. Duterte that involved the widely condemned killing of suspects in illegal drug trade and substance abuse reported killings at 6,200 dead, by the police tally. Human Rights groups claim an even higher actual figure, believing many were victims of extrajudicial killings of most impoverished communities residing in urban squalor and misery.
The policy has been criticized internationally, but Duterte insisted that the killings were necessary to rid the country of crime and drugs. His administration dismissed calls for an independent investigation, even as the ICC began to probe the situation in 2023.
The Role of the ICC in International Justice
The ICC investigates allegations of genocide, war crimes, and crimes against humanity and has jurisdiction over events that occurred before a country's withdrawal from the treaty. It means the court argues it still has authority to investigate the drug war deaths despite the Philippines' pullout in 2019.
That would be the possible landmark development that could make former President Duterte the first Asian former head of state to face trial in the ICC should any case against him be filed.
Duterte's Continued Defiance and Marcos' Stance
Yet the change in tone from the Philippine government has not changed Duterte's rhetoric on the issue. In the most recent congressional hearing, Duterte called on the ICC to expedite its investigation, saying he would accept whatever the legal consequences would be, even if it meant going to "hell."
In turn, his successor President Ferdinand Marcos Jr. indicated that his government will not object to the ICC's probe of Duterte's involvement in the drug war. According to Marcos, any possible international arrest order from an investigation into his government is binding; awaited are indications of any likely action by international legal tribunals that has Duterte in custody.
Partial Cooperation: Toward Accountability?
Justice Secretary Remulla emphasized that the Philippines remained open to "limited cooperation" with the ICC, but the possibility of its rejoining the court is yet unsure. The Philippines is currently exploring how much it can engage in with the ICC without fully committing to its legal framework.
"We are starting to explore the limits of non-membership to the ICC and the extent of crimes committed prior to the withdrawal," Remulla said, tempering expectations for possible cooperation.
The Philippine Government's Own Investigation Into the Drug War
The Philippines is carrying on an investigation of its own regarding the drug war; however, critics say the process has been slow and nontransparent. Activists accused the government of failing to hold law enforcement accountable for the killings, with many cases reportedly ignored or dismissed.
Remulla acknowledged the limitations within the Philippine investigation and said the cooperation with the ICC may be a boost: "We always want to do justice for everyone," adding that ICC involvement may prop the national investigation forward.
**What Next for the Philippines and Duterte?
The shifting stance of the Philippines on the ICC investigation opens a wide range of possibilities for accountability. If Duterte is indicted, it could be a momentous day for international justice: He would be the first former Asian leader to be tried for crimes against humanity.
The country struggles with its legacy, and moves forward in its stance towards the ICC. The world is watching what might be taking place in an investigation that could not only shape Duterte's legacy but might also set a precedent into how international law would tackle State-perpetrated human rights violations from now on.
Conclusion: A Step Toward Justice for the Drug War Victims?
The Philippines' possible cooperation with the ICC in investigating the drug war represents a pivotal moment in its history. Whether this ushers in legal accountability for Duterte himself, or even a sea change in how international justice is done when it comes to crimes against humanity, remains to be seen. This is, however, a big shift from the hardline stance of the government and might open the way to justice for victims of the drug war.
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