CASE OF DUTERTE IN THE INTERNATIONAL CRIMINAL COURT

What the ICC pullout case means for Duterte and the Supreme Court

https://www.rappler.com/newsbreak/iq/210663-meaning-of-international-criminal-court-withdrawal-
for-duterte-supreme-court

MANILA, Philippines – In 2011, the Philippines ratified the Rome Statute – an international treaty – and
became a member-country of the International Criminal Court (ICC) afterwards. Now, President Rodrigo
Duterte wants out.

It seems so foreign and unrelatable.However, the core issue hits right at home: at stake are allegations
that thousands of Filipinos allegedly died because of Duterte’s hardline campaign against criminality and
drugs, starting from the supposed Davao Death Squad when he was mayor of Davao City to the war on
drugs in the past two years of his presidency.

Communications or petitions filed with the ICC accuse Duterte of committing crimes against humanity, a
grave offense under international law punishable by as much as life imprisonment.

Duterte unilaterally withdrew Philippine membership from the ICC last March as a response to the
decision of the court’s prosecutor to launch a preliminary examination, the first stage of the proceedings
which merely seeks to determine if the ICC has jurisdiction at all. (READ: Carpio: Duterte cannot
withdraw from ICC by himself)
The ICC has a slow track record in completing preliminary examinations, with one example in
Afghanistan taking more than a decade.

ICC withdrawalLegal analyst Tony La Viña said that the petitions filed with the Supreme Court (SC)
questioning Duterte’s unilateral withdrawal is important only in the sense that if and when the ICC
prosecutor decides to charge him for crimes against humanity, “the President can question our previous
membership.”

“In itself, the ICC withdrawal case is not so important except that the Court could once again rule in
favor of executive control,” La Viña said. A favorable ruling for Duterte in the withdrawal case could also
have more damaging consequences, said constitutional law professor Dan Gatmaytan

Based on Article 127 of the Rome Statute, proceedings that started prior to withdrawal, such as the
preliminary examinations into killings under Duterte, would still be in effect even after the Philippines
pulls out.

But not if the SC declares the Rome Statute to be invalid from the very beginning, said Gatmaytan.

“For those who want to hold government accountable for the thousands of deaths associated with the
drug war, the worst possible outcome of this litigation is a Supreme Court ruling that not only is
withdrawal from the ICC a function exclusive to the executive, but that the Rome Statute never became
effective in the Philippines,” Gatmaytan said.
Leonen’s cautionDuring the oral arguments at the High Court on Tuesday, August 28, Associate Justice
Marvic Leonen cautioned against ruling on the petitions, saying it might turn the justices into “judicial
dictators.”Leonen said it is better to wait for the Senate to pass a resolution first on how to legally
withdraw from a treaty, rather than the Supreme Court settling the policy now.

“This Court may not want to become the judicial dictator of this country, overextending this power into
realms which might be political in nature rather than legal,” Leonen said.

Leonen wants to avoid judicial overreach. In simple terms, he does not want the Supreme Court to
impose its decisions, or even thwart those of the two other branches of government, which are
considered the will of the people who elected them.

In the words of former Chief Justice Reynato Puno: “The Court should strive to work out a constitutional
equilibrium where each branch of government cannot dominate each other, an equilibrium where each
branch in the exercise of its distinct power should be left alone yet bereft of a license to abuse.” Nobody
wants an all-powerful Court, particularly in the context of an all-powerful president.

But here’s another way to look at it. As Associate Justice Francis Jardeleza said, the Court is now forced
to decide on the limits of the president’s power. Remember that the Supreme Court has so far allowed
Duterte to use his presidential discretion with liberty, especially when the Court upheld the
constitutionality of his martial law in Mindanao.

“A ruling that recognizes the Senate's checking powers on withdrawal from treaty obligations will
necessarily rein in the President,” said Gatmaytan. He added: “It would be significant because it would
be the first time the Court will rule against President Duterte.”

Given that the Supreme Court would be filled with Duterte appointees by 2022, a ruling on this case
would give a good picture of where the judiciary is headed
HUMAN RIGHTS ISSUE IN THE PHILIPPINES

Minors, college students killed in Duterte's drug war

https://www.rappler.com/newsbreak/iq/179234-minors-college-students-victims-war-on-drugs-duterte

MANILA, Philippines (4th UPDATE) –

Grade 11 student Kian Loyd delos Santos is not the first minor killed in the name of President Rodrigo
Duterte’s war on drugs. He is just one among at least 54 people aged 18 years old and below killed in
either police operations or vigilante-style killings in Duterte’s first year, according to data from the
Children’s Legal Rights and Development Center in July 2017.

CCTV footage of Delos Santos minutes before he was killed showed no signs he fought back against the
police – contrary to the authorities' claim that the policemen shot him dead in “self-defense.”

This response is not surprising as Duterte himself, in an interview with Al Jazeera in October 2016,
referred to children killed in his drug war as “collateral damage.”
Below is a list of individuals aged 18 years old and below, together with college students, killed in
Duterte’s war on drugs as reported by media and human rights organizations.

KILLED IN POLICE OPERATIONS

ALTHEA BARBON, 4 years old

Althea died on September 1, 2016, from gunshot wounds sustained during a buy-bust operation against
her father, Aldrick Barbon, in Guhuilngan City, Negros Oriental. The pursuing police allegedly failed to
realize she was with her father, who tried to speed away from authorities on his motorcyle. The police
reportedly failed to see the child on board the motorcycle with her father because “they came from
behind.”

TWO MINORS IN AMPATUAN, MINDANAO

A teenager and an infant were killed, together with 4 other people, in a police raid in Maguindanao on
May 2, 2017, according to a GMA News report. The police were supposed to serve a search warrant
when the suspects allegedly resisted and fought back.

HIDEYOSHI KAWATA, 17 years old

Hideyoshi was killed during a buy-bust operation in Caloocan City in January 2017 for allegedly helping a
drug suspect, according to a GMA News report. The police claimed the 17-year-old was armed with an
Uzi submachine gun which the family denied.

JOSHUA CUMILANG, 18 years old

Joshua was allegedly dragged by armed men to an alley near their home before being killed by Delpan
beat patrolman Ronald Alvarez and a companion, according to the victim's cousin, Jimmy Walker. The
18-year-old is one of the 4 drug-related deaths witnesses attributed to Alvarez during the course of a 3-
month investigation by Rappler’s Patricia Evangelista and Magnum Foundation photographer Carlo
Gabuco.

CARL ARNAIZ, 19 years old

Carl was allegedly killed in a shootout between him and police after he robbed a taxi. Suspected shabu
sachets and packets of marijuana were also allegedly recovered from the 19-year-old, according to the
police report.

His body was found two weeks after being reported missing by his parents. PAO autopsy results showed
Carl was handcuffed, beaten up, and dragged before he was shot.

VIGILANTE-STYLE KILLINGS

DANICA MAY GARCIA, 5 years old

Danica was preparing to go to school in Dagupan, Pangasinan on August 23, 2016, when a stray bullet
took her life. Two motorcycle riders allegedly barged into their house looking for Maximo Garcia,
Danica’s grandfather.

The bullet hit the 5-year-old’s nape and passed through her right cheek.

FRANCIS MAÑOSCA, 5 years old

Francis died with his father, drug surrenderee Domingo, after an unidentified gunman shot through an
unopened window in Pasay City in December 2016, according to an Inquirer report.
The 5-year-old was sleeping on the floor with his mother and other siblings when the bullet hit him in
the forehead.

SAN NIÑO BATUCAN, 7 years old

San Niño was killed by a bullet meant for another 17-year-old teenager. He was shot by unidentified
gunmen in Consolacion, Cebu. According to a report by Cebu Daily News, the 7-year-old was inside his
home with his parents when a bullet hit him on the stomach. He was declared dead on arrival at the
hospital.

KRISTINE JOY SAILOG, 12 years old

Kristine was hit by a stray bullet on December 22, 2016, which was meant for alleged drug suspect Allan
Hernandez. She was attending a pre-dawn mass in Laguna with her mother, Kimberly, then motorcycle-
riding men made the attack.

JAYROSS "UTOY" BRONDIAL, 13 years old

Jayross was killed by a motorcyle-riding masked gunman outside his home on September 24, 2017.
Neighbors believed it was a case of mistaken identity as the suspect was apparently after another
person in their community who was included in the barangay drug list.

SONNY ESPINOSA ANGELITO SORIANO, 16 years old

Jonel, Sonny, and Angelito were killed by masked men in Caloocan City on December 28, 2016.
According to an Inquirer report, the suspects fired into the houses were the 3 were located after failing
to find another alleged drug user.

Description: C:\Users\nagacitysuboffice\Downloads\index.pngHUMAN RIGHTS SITUATION IN THE

PHILIPPINES
 PHILIPPINES 2017/2018

https://www.amnesty.org/en/countries/asia-and-the-pacific/philippines/report-philippines/

Thousands of unlawful killings by police and other armed individuals continued as part of the
government’s anti-drugs campaign. Human rights defenders critical of the campaign were singled out
and targeted by the President and his allies. A state of martial law was declared and extended twice on
the island of Mindanao, raising fears of further human rights abuses. Attempts to reintroduce the death
penalty stalled at the Senate after a bill was passed by the House of Representatives.

Extrajudicial executions and summary killings The deliberate, unlawful and widespread killings of
thousands of alleged drug offenders appeared to be systematic, planned, organized and encouraged by
the authorities, and may have constituted crimes against humanity. Most of those killed were from poor
urban communities.1 Despite evidence that police and gunmen with links to the police killed or paid
others to kill alleged drug offenders in a wave of extrajudicial executions, authorities continued to deny
any unlawful deaths. In January, the President suspended the violent anti-drugs campaign for one
month following the killing in police custody of a Republic of Korea national. In March, the unlawful
killings of suspected drug offenders in police operations resumed, as did drug-related killings by other
armed individuals. The number of killings on a single day in police anti-drug operations reached 32 in
August. Police continued to rely on unverified lists of people allegedly using or selling drugs. In
September, the killings of three teenagers within a few weeks sparked a national outcry. CCTV footage
and witness statements contradicted police accounts of the killing of one of the three, 17-year-old Kian
delos Santos, who according to forensic experts and witnesses appeared to have been extrajudicially
executed.2 In October, President Duterte announced that the Philippine Drug Enforcement Agency
would take over the anti-drugs campaign from the Philippine National Police. However, it was
announced less than two months later that police might rejoin anti-drug operations, despite unresolved
issues. Meaningful investigations into killings of alleged drugs offenders failed to take place; no police
officers were known to have been held to account. Relatives of victims continued to be fearful of
reprisals if they filed complaints against police.

Freedom of expression Human rights defenders, in particular those critical of the government, faced
threats and intimidation. Journalists worked in dangerous and at times deadly environments. In August,
radio broadcaster Rudy Alicaway and columnist Leodoro Diaz were shot dead in the provinces of
Zamboanga del Sur and Sultan Kudarat respectively. Radio broadcaster Christopher Iban Lozada was
killed by unidentified gunmen in Surigao del Sur in October.
Human rights defenders Attacks against human rights defenders increased, as the President encouraged
police to “shoot” human rights defenders who were “obstructing justice”. In February, Senator Leila de
Lima, former justice secretary and former chair of the Philippines Commission on Human Rights, was
arrested on charges of drug trafficking. At the end of the year she remained in detention at the
Philippine National Police headquarters in the capital, Manila, and faced between 12 years’ and life
imprisonment if convicted. It was believed that the charges were politically motivated and that she had
been deliberately targeted by the government since emerging as the most prominent critic of the “war
on drugs”.3 Attacks against the Commission on Human Rights also intensified, as lawmakers accused it
of “siding with suspected criminals” in the anti-drugs campaign and caused uproar by approving a
budget of just USD20, before the decision was overturned in the Senate. Human rights groups expressed
concern at reports of increased numbers of arbitrary arrests and detention, and extrajudicial executions
of political activists and individuals aligned with the left, following a declaration of martial law in the
island of Mindanao, and as peace talks between communist rebels, the New People’s Army and the
government broke down.

Death penalty International groups called on the government to abandon its plan, proposed in 2016, to
reintroduce the death penalty, citing the Philippines’ international obligations and in particular as a state
party to the Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty. A draft
law to reintroduce the punishment was adopted by the House of Representatives in March but stalled in
the Senate after facing opposition.

Internal armed conflict President Duterte declared martial law in the island of Mindanao on 23 May.
Fighting had erupted in the city of Marawi between government forces and an alliance of militants,
including the Maute group, which pledged allegiance to the armed group Islamic State (IS). The conflict
ended in October when the military killed several militant leaders.4 Militants allied with IS targeted
Christian civilians, committing at least 25 extrajudicial killings and carrying out mass hostage-taking and
extensive looting of civilian property, which may have amounted to war crimes. Philippine armed forces
detained and ill-treated fleeing civilians, and also engaged in looting. Their extensive bombing of
militant-held areas of Marawi city wiped out entire neighbourhoods and killed civilians, which
highlighted the need for an investigation into their compliance with international humanitarian law. In
response, the Philippine armed forces said they would probe allegations of war crimes. Martial law was
extended for a second time in December, amid concerns that military rule could allow for further human
rights abuses.

Torture and other ill-treatment In April a secret detention cell was found in a police station in Manila.
The Philippines Commission on Human Rights referred the discovery, along with allegations of torture
and other ill-treatment, to the Office of the Ombudsman for investigation. ecurity forces were accused
of torture and extrajudicial executions of those rounded up during five months of fighting between the
Philippine armed forces and the Maute group in Marawi. A bill to establish a National Preventative
Mechanism in accordance with the Philippines’ obligations under the Optional Protocol to the UN
Convention against Torture had not been adopted by the end of the year.

Children’s rights President Duterte pledged to lower the minimum age of criminal responsibility,
generating wide condemnation from children’s rights organizations and the UN. A bill to amend the
Juvenile Justice and Welfare Act, which was adopted on 23 May by the Sub-Committee on Correctional
Reforms, retained the minimum age of criminal responsibility as 15, but introduced provisions that
placed children as young as nine in crowded and often unsanitary short-term institutions for
rehabilitation or as they awaited court disposition. An additional bill by a lawmaker was filed later in the
year, seeking to lower the minimum age of criminal responsibility to 12, but remained pending.

Right to health The nationwide anti-drugs campaign undermined people’s right to the enjoyment of the
highest attainable standard of physical and mental health. Many drug users were forced into compulsory
and inadequate treatment and rehabilitation initiatives, which prevented them from accessing essential
health services and harm reduction programmes.
Sexual and reproductive rights In January, President Duterte signed an executive order to strengthen the
implementation of the Reproductive Health Act of 2012 which promised to provide greater access to
family planning and birth control services.