The ICC investigation

The news the ICC is resuming its investigation on the alleged extrajudicial killings that occurred during part of the Duterte government’s anti-drug war is putting the country and some people on edge.

On the flip side of the story, however, this was certainly good news to the families of those killed who have been clamoring for justice for some time.

DOJ Secretary Jesus Remulla reacted to the news by defiantly saying what the ICC is doing is an intrusion into the sovereignty of the country.

Is it indeed an intrusion into our sovereign rights as a nation or is the ICC simply in search of justice because the government is taking so long to act?

For a while, many here thought the ICC already agreed the government would be allowed to conduct the investigation of all those suspicious police operations but it is apparent the ICC cannot wait any longer and is now determined to push thru with its own investigation.

One of the issues raised by the ICC is the Philippine government has only charged low level police personnel and never attempted to go higher, meaning those who planned and directed the anti-drug war.

If we look at one crime the ICC wants to be investigated, crimes against humanity would almost always include higher echelon people in government like what happened to Serbian officials during the chaos that followed the breakup of the former Yugoslavia.

Right from the outset when the anti-drug war was launched, there were voices that cautioned the government of the negative consequences of an unrestricted campaign. This was because of the complicated nature of the problem.

Although the criminal aspect is real and serious, there is also a health issue involved which is drug addiction that needs rehabilitation.

But the health aspect of the problem as we have seen was set aside and the right hand effort became the preferred avenue to solve the problem.

Unfortunately, the promise that it will only take six months to solve the problem stretched to six years and that was also not enough that even former President Duterte had to admit the problem was still very much around when he left office.

One feature of that anti-drug campaign that attracted world attention was the sheer number of casualties and the rhetoric that went with it.

Up to now, there is really no agreed official figures on the number of people killed either as suspects or bystanders.

The PNP figure is about 6,200 but unofficial estimates go as high as 27,000 casualties.

If the latter figure is accurate, it makes us wonder whether the drug war was all worth it especially with this ICC recurring issue the country is now facing.

The number of questionable police operations where some were initiated appear to be about 366.

This number in the eyes of the ICC does not tally with the number of people who have complained.

It also seems the witnesses the ICC have interviewed or are holding are not exactly the same as those interviewed by the PNP or DOJ.

On this score alone, there is a lot of bridging to be done.

The ICC also, based on the statements of the rapporteur, considers the recorded statements of former President Duterte as part of its evidence.

It is therefore not hard to understand why the ICC and those investigating these alleged EJK in this country cannot see eye to eye.

My very little experience in working with the United Nations also is it has a long institutional memory.

Once a process is started, it is seldom it is discontinued.

It is, however, a very long process because the UN is a huge bureaucracy that moves slowly and this might take years before we see anything happening.

Whoever is in the radar of the ICC with regard to these investigations might already be gone before any case gets to trial if at all.

This on and off tussle with the ICC which has been going on for some time is not good for the country’s image.

Currently, the government is adamant it will not cooperate with the ICC investigation. From my vantage point, it would seem the reason for this is the ICC would want the government to venture further in its investigation but that is a direction the government appears to be unwilling to take.

Both sides should sit down to try to find a compromise solution.

And once an agreement is reached, both sides should stick by them.

In the meantime, my five-pound worth of advice is in this kind of fired up situation, silence is an important commodity.

Provocative and incendiary rhetoric will only worsen an already volatile situation. Lastly, it would be much better if there is only one speaking on behalf of the government instead of many giving statements.