In a unanimous resolution approved on 16 March but published only on 21 July, the Supreme Court of the Republic of the Philippines declared that President Rodrigo Duterte is obliged to cooperate with the International Criminal Court investigations. Duterte has been publicly insisting that he will never allow such an investigation, threatening then ICC Chief Prosecutor Fatou Bensouda to be “thrown to the crocodiles” if she comes to the Philippines.

On 14 June, Ms. Bensouda announced the closing of her preliminary examination and requested the ICC Pre-Trial Chamber to start a formal investigation of crimes against humanity in connection with the murder and torture of thousands of Filipinos, resulting from the Duterte government’s ‘war on drugs’. In March 2018, President Duterte announced the country’s withdrawal from the Rome Statute, the international treaty which established the ICC, just a month after Ms. Bensouda announced the start of her preliminary investigation.

Ms. Bensouda was succeeded by ICC Chief Prosecutor Karim Khan in June 2021.

In the 16 March resolution, all 15 judges of the Supreme Court agreed that the ICC “retains jurisdiction over any and all acts committed by government actors until 17 March 2019. Withdrawal does not affect the liabilities of individuals charged before the ICC for acts committed up to this date.”

It added, “Consequently, liability for the alleged summary killings and other atrocities committed in the course of the war on drugs is not nullified or negated here.”

Atty. Edre Olalia, President of the Natinal Union of People’s Lawyers, said, “This is good! There is enough evidence to prosecute President Duterte!” NUPL is representing several families of the slain victims in the cases being examined by the ICC.