ICC junks PH appeal on drug war probe ---Manila Times

(UPDATE) THE International Criminal Court (ICC) on Tuesday rejected the Philippines' appeal to stop the investigation of the country's bloody war on drugs that was supported by the administration of former president Rodrigo Duterte. Presiding judge Marc Perrin de Brichambaut said they could not entertain the appeal. Out of the five judges, three concurred in rejecting the government's appeal, saying that the chamber did not "err in law." Two judges, including de Brichambaut, dissented. The Philippines had sought to stop the investigation, saying the court had no jurisdiction over the case. But the judges dismissed the Philippines' protest. "Contrary to the Philippines' assertions, the findings of the Pre-Trial Chamber, in particular those concerning the jurisdiction over the present situation and the effect of the Philippines' withdrawal on the court's jurisdiction, are not a positive finding of jurisdiction, that is inextricably linked to the admissibility ruling," the court said. "Rather, the Pre-Trial Chamber simply recalled and reaffirmed its previous findings on jurisdiction made in its decision authorizing the investigation and article 15 of the statute." The ICC also said the Philippines' 2018 withdrawal from the Rome Statute was "neither properly raised nor adequately ventilated before the Pre-Trial Chamber." The ruling means that the probe into the controversial drug war led by ICC prosecutor Karim Khan will continue after it was stopped in November 2021 at the government's request. During the proceedings, the Philippines was represented by its ambassador to the Netherlands Eduardo Malaya. Former Palace spokesman Harry Roque Jr. said that the former president "shrugged off" the ICC decision. "FPRRD has always maintained that, as an independent and sovereign state, only Philippine courts can try any crime committed in Philippine territory," Roque said in a statement. "He has time and again said that because of this, he will face all his accusers anytime, but before Philippine courts and before Filipino judges only," he added. Like Duterte, President Ferdinand Marcos Jr. believes that the ICC has no legal right to conduct any investigation as the Philippines is no longer part of the Rome Statute and "does not need any assistance from an outside entity" to prosecute and persecute the purported extrajudicial crimes related to the government's campaign against narcotics. Bryony Lau, deputy Asia director at Human Rights Watch, said Tuesday that the ruling marked "the next step toward justice" for victims and their families. Justice Secretary Crispin Remulla has warned against foreign interference in the Philippines' criminal justice system. "We are not a colony; we are not a territory of another country," he told reporters. Remulla insisted the ICC was "not welcome in the Philippines" and the government would not enforce any arrest warrants issued by the court. At least 6,181 people were killed in more than 200,000 anti-drug operations carried out, according to the latest official data released by the Philippines. ICC prosecutors estimate the death toll at between 12,000 and 30,000. Sen. Francis Tolentino said on Tuesday that the denial of the appeal does not grant the ICC jurisdiction to investigate Duterte over his alleged "bloody" war on drugs. In a text message, he said that the ICC lacks jurisdiction to investigate Duterte and other concerned individuals who implemented his drug war. "Any misguided claims suggesting otherwise would only highlight the ICC's persistent disregard for Philippine sovereignty," Tolentino said. "It is important to note that a foreign entity has no authority to investigate the administration of former president Rodrigo Duterte," he added. WITH KRISTINA MARALIT AND BERNADETTE E. TAMAYO

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