Thread by @mikenavallo

BREAKING: ICC Prosecutor Fatou Bensouda concludes preliminary examination on situation in PH and requests for judicial authorization to proceed with an investigation.

Bensouda: Following thorough preliminary examination process, available information indicates that members of Philippine National Police, and others acting in concert with them, have unlawfully killed between several thousand and tens of thousands of civilians during that time.

Bensouda: My Office has also reviewed information related to allegations of torture and other inhumane acts, and related events as early as 1 November 2011, the beginning of the Court's jurisdiction in the Philippines, all of which we believe require investigation.

Bensouda says that despite PH withdrawal from Rome Statute effective 17 March 2019, ICC retains jurisdiction over crimes that alleged to have occurred in PH during the period when it was a State Party to the Rome Statute. These crimes not subject to statute of limitations.

Bensouda says she has discussed turnover of work with her successor Karim Khan, due to take office on June 16. These discussions include operational challenges arising from continuing pandemic, severe limitations on ICC's available resources, and current heavy work commitments.

READ: Outgoing ICC Prosecutor Fatou Bensouda's full statement announcing that she has sought judicial authorization to proceed with investigation on the situation in the Philippines.

Bensouda reveals she filed the request for judicial authorization with the Pre-Trial Chamber on May 24 and released on Monday a public redacted version of the request.

The public redacted version is 57 pages long and contained strongly-worded findings.

Request for investigation covers not just war on drugs under Duterte from July 1, 2016 to PH's withdrawal from ICC on March 16, 2019 but extends to cover events in Davao which involved same types of actors committing strikingly similar crimes from 2011, when PH became part of ICC

ICC Prosecutor took note of context of nationwide war on drugs--Davao Death Squad killings when Duterte was Davao City mayor which involved killings of petty criminals and drug dealers committed by vigilante groups and local police. It noted Senate testimony of 2 former members.

ICC Prosecutor also noted statements of Pres Duterte after taking office saying he would kill suspected drug dealers and addicts, and looked into 2 basic components of Project Double Barrel and its 6 phases.

ICC Prosecutor: While drug war killings have mostly involved male victims, most of those killed were poor, low-skilled residents of impoverished urban areas. But civil servants, politicians, mayors, barangay officials, security forces, assets/informants were also killed.

ICC Prosecutor: reasonable basis to believe that between at least 1 July 2016 and 16 March 2019, members of PH security forces and other associated perpetrators deliberately killed thousands of civilians suspected to be involved in drug activities (estimated at 12k to 30k).

ICC Prosecutor checked killings during official law enforcement anti-drug operations such as buy-busts, tokhang, one-time big-time ops, and even those under custody and found patterns of police claiming they fought back, contradicted by witnesses and families of victims.

ICC Prosecutor: Justifications for killings advanced by the PH authorities are not credible since there were indications of intentional killings, victims' wounds were inconsistent with self-defense, and police planting and tampering of evidence, other means to conceal conduct.

ICC Prosecutor: Information indicates that, contrary to official claims, many WoD killings by law enforcement were not justified. Use of force employed appears to have been unnecessary and disproportionate under the circumstances, and the killings therefore arbitrary and unlawful

Even in killings by "unidentified perpetrators," ICC Prosecutor saw links to PH law enforcers. Most of those killed were linked to illegal drug activities; motives appear related to war on drugs campaign; and deployed at least 3 modus operandi.

ICC Prosecutor noted that the highest number of killings, whether by state actors or non-state actors, was recorded during the phases of the WoD when the PNP was involved in anti-drug operations, whether as the lead agency or under the PDEA.

ICC Prosecutor believes there is reasonable basis to believe that the alleged conduct (killing) was committed as part of a widespread and systematic attack directed against a civilian population pursuant to or in furtherance of a State policy.

What makes ICC Prosecutor say killings were in furtherance of a State policy? Killings committed by state forces in connection with anti-drug campaign, public statements of Pres. Duterte and other officials, financial incentives and pressure to commit killings, failure to probe

ICC Prosecutor also finds attacks to be widespread and systematic and that there is a nexus between the acts and the attack.

Why are killings under Davao Death Squad relevant to PH War on Drugs? ICC Prosecutor says perpetrators and pattern of killings appear to be the same, aside from rationale, public encouragement, coordination with local leaders, payment, and profile of victims.

Bensouda says Prosecution has determined issues of admissibility and interests of justice and “has concluded that potential cases which would likely arise from an investigation into situation would be both admissible and sufficiently grave to justify further action by the Court.”

Amnesty International welcomes "landmark ICC investigation into Duterte's 'murderous' war on drugs" saying it will bring justice closer for thousands of bereaved families. But says further UN action needed beyond ICC.

FULL STORY:

ICC prosecutor seeks judicial nod to start probe on PH situation amid 'war on drugs'

news.abs-cbn.com/news/06/15/21/…

Human Rights Watch:
“A possible ICC investigation in the Philippines means that President Rodrigo Duterte could finally face consequences for his government’s deadly ‘war on drugs.’”
-Param-Preet Singh, Associate Director, International Justice Program, Human Rights Watch

Edre Olalia says wait for ICC Prosecutor's move was worth it: Indeed, there will be justice somewhere, somehow. One step at a time...Crimes against humanity are crimes against all. No one is exempt or invincible...

Amnesty International Secretary General Agnes Callamard on ICC Prosecutor Fatou Bensouda’s announcement on PH situation.

https://twitter.com/agnescallamard/status/1404455283137683458

PH-based rights group alliance KARAPATAN says ICC Prosecutor's move to ask for authority to initiate probe on PH situation is "a long-awaited step towards justice and accountability," and "another damning indictment of the Duterte government’s murderous policies."

Statement of former Sonny Trillanes re ICC investigation:

This is another monumental step towards justice for all the families of victims of EJKs.

The long arm of the law will soon catch up with Duterte and his accomplices.

NUPL, Rise Up vindicated with ICC Prosecutor move to seek probe on PH, having filed their complaint 3 yrs ago. Say families and victims ready to testify and provide evidence. Expects ICC to issue warrant of arrest vs Duterte and will support new Prosecutor Karim Khan.

Sought for comment on ICC Prosecutor move to seek PH probe, Justice Sec Menardo Guevarra will leave comments to Sec Harry Roque and Sec Teddyboy Locsin. Says it won’t affect ongoing review of drug deaths, and PH-UN joint program on technical cooperation on human rights.

iDefend urges Pre-Trial Chamber to promptly approve ICC Prosecutor Fatou Bensouda’s request for judicial authority to launch probe on PH drug war.