DUTERTE WALANG KAWALA SA ICC

HINDI kami nagkamali sa aming sapantaha na hindi magtatagal ang suspensyon ng formal investigation sa sakdal na crime against humanity na hinaharap ni Rodrigo Duterte sa International Criminal Court (ICC). Nagpahayag kamakailan si Karim Khan, punong taga-usig, na kanyang hihilingin sa ICC na ituloy ang formal investigation ng hukuman sa sakdal kaugnay sa malawakang patayan ng ipinatupad ng gobyerno ni Duterte sa digmaan kontra droga. Tinatayang aabot sa mahigit 30,000 ang pinatay ng mga pwersang maka-gobyerno kaugnay sa giyera kontra droga sa anim na taon termino ni Duterte.

Hindi kinatigan ng Office of the Prosecutor ng ICC ang sinabing pagrerebisa ng Department of Justice sa mga kaso ng extrajudicial killings (EJKs) sa bansa. Sa pananaw ni Khan, walang tunay na pagrebisa na isinagawa ng DoJ sa mga usapin ng EJKs. Hindi pinaniwalaan ni Khan ang DoJ at mga “desk review” ang mga ito, aniya. Hindi sinabi kung kailan ipinagpatuloy ang formal investigation, ngunit kailangan ang basbas ng mga hukom upang ituloy ang pagsisiyasat. Malaki ang tsansa na ituloy na ang formal investigation.

Hiniling noong nakaraang taon ng gobyerno ni Duterte sa ICC na suspendihin ang formal investigation dahil may review umano ang DoJ sa mga piling kaso ng EJKs na umaabot sa 52. Pumayag ang ICC, ngunit sa tingin namin pinagbigyan si Duterte dahil bahagi ito ng “due process” ng ICC. Inabot na ng anim na buwan ang suspensyon. Isinakdal ni Sonny Trillanes at Gary Alejano si Duterte at ilang kasapakat noong 2017 dahil sa walang habas na patayan kaugnay sa giyera kontra droga.

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HALAW ang mga sumusunod sa aming aklat “KILL KILL KILL: EJKs in the Philippines; Crimes Against Humanity vs. Duterte Et. Al. at the ICC.” Nasa huling yugto na ako na pagsusulat.

CRIMES AGAINST HUMANITY. Many existing literature say crimes against humanity are acts committed as wholly or part of a big systematic policy against civilians either in times of war or peace. They differ from war crimes because they are not isolated acts committed by individual soldiers but are acts committed to advance a state or organizational policy. The first prosecution for crimes against humanity took place in the 1945 Nuremberg trials. Appaled by the official existence of the Holocaust, which showcase the murder of six million Jews, persons with disability, homosexuals, Gypsies, among others.

According to the Rome Statute, criminal acts committed directly against civilians in war or in peace are called crimes against humanity and they usually involve vast infringements of what is now defined as human rights. Basically they are committed to advance state or organizational policy and crimes against humanity include murder, massacres, dehumanization, genocide, ethnic cleansing, deportations, and unethical human experimentation. The Rome Statute includes extrajudicial punishments including summary executions, use of weapons of mass destruction, state terrorism or state sponsoring of terrorism, death squads, kidnappings and forced disappearances, and use of child soldiers,

Moreover, crimes against humanity include unjust imprisonment, enslavement, torture, rape, political repression, racial discrimination, and religious persecution. Other human rights abuses may reach the threshold of crimes against humanity if they are part of a widespread or systematic practice.

ICC STRUCTURE. According to its webpage, the ICC is governed by the Assembly of States Parties, which is made up of the states that are party to the Rome Statute. The Assembly elects officials of the Court, approves its budget, and adopts amendments to the Rome Statute. The Court itself, however, is composed of four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry.

According to an ICC primer, the President is the most senior judge chosen by his or her peers in the Judicial Division, which hears cases lodged by various parties worldwide before the Court. The President serves as the ICC chief executive. The Office of the Prosecutor is headed by the Prosecutor, who is empowered under the Rome Statute to investigate crimes and initiates criminal proceedings before the Judicial Division. The Registry is headed by the Registrar and is charged with managing all the administrative functions of the ICC, including the headquarters, detention unit, and public defense office. The primer said the ICC employs over 900 personnel from 100 nations and conducts proceedings in English and French.

The ICC has been criticized by several governments and civil society organizations for perceived bias against African states since a number of those public officials indicted came from poor, underdeveloped African nations. It has been criticized for the fairness of its case-selection and trial procedures. They have expressed doubts about its effectiveness.

Existing literature says The Presidency is responsible for the administration of the ICC as a court. It is composed of the President and the First and Second Vice-Presidents, three judges of the Court who are elected to the Presidency by their fellow judges for a maximum of two three-year terms. Its website says that, as of March 2021, its President is Piotr Hofmanski of Poland, who took office on 11 March 2021, replacing Chile Eboe-Osuji of Nigeria. His first term will expire in 2024. Its website says The Presidency oversees the activity of the Registry and organizes the work of the judicial divisions. It also has some responsibilities in the area of external relations like negotiating agreements on behalf of the Court and promoting public awareness and understanding of the institution.

Existing literature says The Judicial Divisions consist of the 18 judges of the Court, organized into three chambers, which are the Pre-Trial Chamber, Trial Chamber and Appeals Chamber. They all implement the judicial functions of the Court. Judges are elected to the ICC by the Assembly of States Parties. They serve nine-year terms and they are not generally eligible for re-election. All judges must be nationals of state parties to the Rome Statute. No two judges may be nationals of the same state.They must be “persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.”

The Office of the Prosecutor (OTP) is responsible for conducting investigations and prosecutions. It is headed by the Prosecutor of the International Criminal Court and he is assisted by one or more Deputy Prosecutors. The Rome Statute provides that the Office of the Prosecutor shall act independently; as such, no member of the Office may seek or act on instructions from any external source, such as states, international organisations, non-governmental organisations or individuals.

Under the Rome Statute, the Prosecutor may open an investigation under three circumstances: when a situation is referred to him or her by a state party; when a situation is referred to him or her by the United Nations Security Council, acting to address a threat to international peace and security; or when the Pre-Trial Chamber authorises him or her to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organizations.