[STATEMENT] APILA: A Glimmer of Hope for the Drug War Victims

We, at Ateneo Public Interest and Legal Advocacy Center of Ateneo de Davao University, express our deep appreciation over the recent decision of the International Criminal Court (ICC) to set aside the appeal made by the Philippines, an appeal seeking to halt the investigation into the alleged human rights violations committed during the country’s war on drugs. This decision sends a resolute message regarding compliance with the Rome Statute and reinforces the pursuit of justice and accountability for all parties involved.

By proceeding with the investigation and setting aside the appeal made by the Philippines, the ICC demonstrates its unwavering dedication to the pursuit of justice and the protection of human rights. This decision sends a powerful message that no individual, regardless of their position or power, is immune to the scrutiny of international law. It reaffirms the ICC’s commitment to holding individuals accountable for their alleged involvement in grave human rights abuses.

The ICC’s decision not only emphasizes the importance of accountability but also underscores the significance of international law in addressing and preventing human rights violations. It showcases the ICC’s role as an impartial and independent institution that acts as a check against impunity and ensures that justice is served.

By highlighting the ICC’s dedication to justice and human rights, the statement aims to emphasize the significance of the decision and its impact on the pursuit of accountability for the victims of the drug war in the Philippines. It encourages cooperation with the ICC’s investigation and urges the Philippine government to respect the jurisdiction and decisions of the Court, thereby reinforcing the principles of international law and the pursuit of justice for all.

Under the Rome Statute, a state remains under the jurisdiction of the International Criminal Court (ICC) even if it decides to withdraw from the Court. The Rome Statute, which is the treaty that established the ICC, contains provisions that outline the continued jurisdiction of the Court over situations that occurred while a state was a member of the ICC.

Article 127 of the Rome Statute states that a withdrawal from the ICC does not affect the jurisdiction of the Court over crimes committed during the time when the state was a member. This means that even if a country, such as the Philippines, decides to withdraw from the ICC, the Court can still exercise jurisdiction over alleged crimes committed in the Philippines during the period of its membership.

It’s important to note that the ICC is a court of last resort, meaning it only intervenes when a state is unable or unwilling to genuinely investigate and prosecute the crimes within its jurisdiction. In the case of the Philippines, the ICC’s decision to proceed with the investigation indicates that it has determined the situation in the country meets the criteria for the Court’s intervention.

By highlighting the continued jurisdiction of the ICC over the Philippines, despite its withdrawal from the Court, the statement underscores the fact that accountability for alleged crimes under international law is not contingent upon membership status. It emphasizes that the ICC is guided by the principle that no individual, regardless of their position or power, is exempt from the reach of international law, and that justice and accountability must prevail.

The drug war in the Philippines has been marred by allegations of extrajudicial killings and other grave violations of human rights. The decision of the ICC to proceed with the investigation reaffirms the rights of the victims and their families to seek justice and find solace in the fact that the international community recognizes their suffering.

In particular, the decision holds President Rodrigo Duterte, Senator Ronald dela Rosa and other key players in the drug war, accountable for their alleged involvement in the drug war’s human rights abuses. It serves as a clear message that no individual, regardless of their position of power, is exempt from the scrutiny of international law when their actions are believed to have resulted in the violation of human rights.

APILA stands firmly with the victims of the drug war in the Philippines, advocating for justice, truth, and reconciliation. We believe that the pursuit of justice is crucial for the healing process of affected communities and the prevention of future human rights violations. We urge all relevant parties to cooperate fully with the ICC’s investigation, ensuring the provision of necessary information and access to witnesses to facilitate a thorough and impartial inquiry.

Furthermore, we call upon the Philippine government to actively engage with the ICC and fully respect the jurisdiction and decisions of the Court. By doing so, the government can demonstrate its commitment to upholding human rights, promoting the rule of law, and providing justice to the victims and their families.

APILA remains committed to supporting the victims of human rights violations, advocating for accountability, and working towards a just and inclusive society. We will continue to monitor the developments surrounding the ICC investigation in the Philippines and provide support to those affected by the drug war.

Together, let us strive for a world where justice is upheld, human rights are respected, and victims find solace and resolution.

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