ICC ruling lets victims, families recount realities of drug war

By John Victor D. Ordoñez, Reporter

THE FAMILIES of victims of the Duterte government’s deadly war on drugs would be able to provide realistic observations of human rights abuses after the International Criminal Court (ICC) allowed them to, according to human rights lawyers.

“It is the right of victims to tell the ICC based on their experiences that the claims of the Philippine government of genuine investigation and prosecution of erring officials in the drug war were all based on lies,” Neri J. Colmenares, a former congressman and chairman of the National Union of Peoples’ Lawyers (NUPL), said in a Viber message.

In an 11-page decision on March 21, the ICC Appeals Chamber allowed families of drug war victims and the ICC’s Office of Public Counsel for Victims (OPCV) to submit comments and observations on the drug war and the government’s appeal to suspend the probe.

It ordered the ICC’s Victims Participation and Reparations Section to submit a report on the victims’ observations by May 22. The office was ordered to submit its own comments by April 18. The appeals chamber said victims should be involved in the proceedings.

The ICC also rejected the Philippine government’s request for access to the observations of the victims’ families and the OPCV. It said the ICC registry would update Manila on all public and confidential filings related to the appeal proceedings.

Earlier this month, the government asked the ICC to reject pleas by the families of drug war victims and the OPCV to testify in court.

The public counsel’s motion and the anonymous request from the victims fall foul of procedural and substantive requirements, state lawyers said in an eight-page pleading dated March 2.

The move came after 90 anonymous relatives of drug war victims objected to a state appeal to halt the tribunal’s probe of Mr. Duterte’s deadly drug war.

“With the decision, the victims will now have the opportunity not only to present their views on the appeal and properly ventilate their cause, but will likewise be represented in the proceedings before the appeals chamber,” NUPL President Ephraim B. Cortez said in a Viber message.

He said the ICC’s decision protects the interests of the families of the victims.

The Hague-based tribunal, which tries people charged with crimes against humanity, genocide, war crimes and aggression, suspended its probe of ex-President Rodrigo R. Duterte’s deadly drug war in 2021 upon the Philippine government’s request.

It was also set to probe vigilante-style killings in Davao City when Mr. Duterte was still its vice mayor and mayor.

Mr. Duterte canceled Philippine membership in the ICC in 2018. His successor President Ferdinand R. Marcos, Jr. has said the Philippines would not rejoin the international tribunal.

Last week, the ICC ordered the arrest of Mr. Putin and Russian Presidential Commissioner for Children’s Rights Maria Lvova-Belova for the war crime of illegally deporting children from Ukraine.

Political experts have said the order showed that the court was serious about punishing responsible officials.

“We have not been accorded justice here and we are hoping that the ICC will give victims the opportunity to seek accountability long denied since 2016,” Mr. Colmenares said.