ICC Pre-Trial Chamber I authorises the opening of an investigation regarding the situation in the Philippines.

On 15th September 2021, the Pre-trial Chamber of the International Criminal Court has accepted the request of the Prosecutor to initiate concerning the crimes committed in the Philippines’ territory that are part of the ICC’s jurisdiction. The breaches of the Rome Statute occurred between 1 November 2011 and 16 March 2019 in the context of the so-called ‘war on drugs’ campaign as well as with respect to the killings in the Davao area between 1 November 2011 and 30 June 2016. On 14th June 2021, the Prosecutor requested the Pre-trial an investigation to be opened in regards to the situation of the Philippines based on Article 15(3) of the Rome Statute. The Chamber found that there is a reasonable basis to proceed with an investigation, noting that specific legal element of the crime against humanity of murder under Article 7(1)(a) of the Statute has been met with respect to the killings committed throughout the Philippines. The judges emphasised that, based on the facts as they emerge at the present stage and subject to proper investigation and further analysis, the so-called ‘war on drugs’ campaign cannot be seen as a legitimate law enforcement operation, and the killings neither as legitimate nor as mere excesses in an otherwise legitimate operation. Rather, the supporting material offered by the Prosecutor indicates that the State policy that pushed the killings amounted to the widespread and systematic attack against the civilian population required by Article Article 7(1) and (2)(a) of the Statute to constitute crimes against humanity. Although the Philippines withdrew from the Rome Statute on 17th March 2018, it took effect only one year later. It allowed the Court to retain its jurisdiction with respect to alleged crimes that occurred on the territory of the Philippines while it was a State Party, from 1 November 2011 up to and including 16 March 2019. For further information, please visit: https://www.icc-cpi.int/Pages/item.aspx?name=PR1610