The Prosecutor of International Criminal Court Fatou Bensouda announced on 14 June that she was closing the preliminary examination of the Philippine case and requesting the ICC's Pre-Trial Chamber for a judicial authorization to proceed to an investigation of crimes against humanity of murder against the Duterte government. Ms. Bensouda declared that there’s reasonable basis to believe that these crimes have been committed between 1 July 2016 and 16 March 2019 in the context of the Duterte government’s ‘war on drugs’ campaign.

The ICC Prosecutor’s office analyzed large amounts of publicly available information which indicate that members of the Philippine National Police and others “acting in concert with them”, have unlawfuly killed between several thousands and tens of thousands of civilians during that time. Ms. Bensouda added that her office also reviewed allegations of torture and other inhuman acts and related events as early as 1 November 2011, the beginning of the Court’s jurisdiction over the Philippines.

President Rodrigo Duterte ordered the withdrawal of the Philippines from the Rome Statute on 17 March 2019, after the ICC Prosecutor announced the initiation of preliminary examinations of the regime’s criminal activities. Ms. Bensouda clarifies however, that the Court retains jurisdiction during the time that the Philippines was still a State Party to the Rome Statute.

The ICC Pre-Trial Chamber’s approval of a formal investigation on the Philippines will allow victims to step forward to make their representations. The victims and their representatives can demand the issuance of warrants of arrest against those accused. They can also demand that those issued warrants of arrest be surrendered to the Court.

Reacting furiously to the announcement, Duterte threatened Ms. Bensouda to be “thrown to the crocodiles” if she enters the Philippines. He ridiculed the ICC, saying it is a “white court” and that he will not respect its jurisdiction.

Ms. Bensouda’s nine-year term as ICC prosecutor ended on 15 June 2021. She is succeeded by Mr. Karim Khan. “Any authorised investigation in the Philippines will fall to my able successor, Mr. Karim Khan,” Bensouda said.

“I reiterate my call for a broader strategic and operational reflection on the needs of the institution, and what it is intended to achieve -- in short, an honest reflection on our collective responsibiity under the Rome Statute to advance the fight against impunity for atrocity crimes. The victims of these egregious crimes deserve nothing less.”