Published on May 23, 2017.
On April 24, lawyer Jude Sabio submitted a “communication” to the Office of the Prosecutor of the International Criminal Court in The Hague, seeking an investigation into crimes against humanity allegedly masterminded or committed by President Duterte and 11 other officials. We do not know what will happen to Sabio’s action; the procedures are detailed for all to see or study on the ICC website, but for the Philippines, this is a case of first impression.
For some members of the political opposition, the ICC might also prove to be the court of last resort. The impeachment complaint Magdalo party-list Rep. Gary Alejano filed against the President was disposed of in a matter of hours; there was no “prejudicial questions” maneuver to create at least the semblance of deliberation (as in the first impeachment complaint filed against President Gloria Arroyo in 2005). While ICC prosecution does not require the state that is party to the Treaty of Rome to exhaust all remedies (the ICC prosecutor has “motu proprio” powers), it can also step in when “the State is unwilling or unable genuinely to carry out the investigation or prosecution.” Continue reading