THE International Criminal Court (ICC) rejected the plea of the Philippine government to suspend the investigation into the country’s war on drugs.
In a decision dated March 27, 2023, the ICC appeals chamber stated that there were no persuasive reasons to grant the suspension, as the government failed to provide concrete and clear reasons for the appeal.
The court noted that the Philippine government should have explained how the absence of jurisdictional or legal basis for the Prosecutor’s activities would create an irreversible situation.
In an appeal, Solicitor General Menardo Guevarra reiterated the country’s position that the ICC lacked jurisdiction since the Philippines withdrew from the tribunal in 2019.
Guevarra argued that the resumption of the investigation would defeat its purpose and create an irreversible situation that could not be corrected.
He also pointed out the requirements that must be met before the ICC can proceed with the investigation, stating that there must be a state or government referral of cases.
Recently, the ICC allowed families of victims to comment on the Philippine government’s appeal, and the Victims Participation and Reparations Section was directed to collect and send representations from interested victims and victim groups by May 22, 2023.
The ICC’s appeals chamber found it appropriate for victims to participate in these appeal proceedings, acknowledging their plight of being unable to obtain justice and remedies for the crimes committed against their family members.
The ICC’s decision followed the request of 90 applicants “to present views and concerns in the present appeal proceedings.”
The Office of Public Counsel for Victims was also allowed to submit written observations on the Republic of the Philippines’ appeal brief in relation to the general interest of victims by April 18, 2023.
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