Today, 26 January 2023, Pre-Trial Chamber I of the International Criminal Court ("ICC" or "Court") granted the Prosecutor's request to resume investigation into the Situation of the Republic of the Philippines ("the Philippines"). Following a careful analysis of the materials provided by the Philippines, the Chamber is not satisfied that the Philippines is undertaking relevant investigations that would warrant a deferral of the Court's investigations on the basis of the complementarity principle.
After having examined the submissions and materials of the Philippines Government, and of the ICC Prosecutor, as well as the victims' observations, the Chamber concluded that the various domestic initiatives and proceedings, assessed collectively, do not amount to tangible, concrete and progressive investigative steps in a way that would sufficiently mirror the Court's investigation.
This conclusion does not preclude the Philippines from providing material in the future in order for the Prosecution, or the Chamber, to determine inadmissibility of the investigation or of any actual case, if and when needed.
Background: On 24 May 2021, the Office of the Prosecutor (OTP) requested authorisation from the Pre-Trial Chamber to initiate an investigation into crimes allegedly committed on the territory of the Philippines between 1 November 2011 and 16 March 2019 in the context of the Government of the Philippines' "war on drugs" campaign. On 14 June 2021 the OTP Request was made public. On 15 September 2021, the Pre-Trial Chamber authorised the investigation.
According to article 18(2) of the Rome Statute "[…] a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts […]. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation."
On 18 November 2021, the ICC Prosecutor informed the Chamber that the Republic of the Philippines requested, pursuant to Article 18(2) of the Rome Statute, that the investigation into the Philippines situation be deferred. On 24 June 2022, the ICC Prosecutor requested the Chamber to resume the investigation into the situation in the Philippines pursuant to article 18(2). On 8 September 2022, further observations from the Philippines were received, to which the Prosecutor responded on 22 September. On 22 September 2022, the Chamber also received views and concerns of victims.
The Philippines, State party to the Rome Statute since 1 November 2011, deposited a written notification of withdrawal from the Statute on 17 March 2018. While the Philippines' withdrawal from the Statute took effect on 17 March 2019, the Court retains jurisdiction with respect to alleged crimes that occurred on the territory of the Philippines while it was a State Party.
