Philippines Signals Shift on ICC Drug War Probe

The Philippines is hinting at a significant shift in its stance toward the International Criminal Court (ICC) investigation into thousands of killings during the controversial “war on drugs,” a probe that could potentially see former President Rodrigo Duterte face charges of crimes against humanity.

Rodrigo Duterte rose to power in 2016, riding on a wave of populist support as a tough-talking, crime-busting mayor promising to eradicate drug-related crime by any means necessary. His fiery rhetoric translated into a bloody campaign that claimed thousands of lives, a policy that became his administration’s hallmark.

Out of ICC

In 2019, Duterte abruptly pulled the Philippines out of the ICC’s founding treaty, the Rome Statute, as the court began scrutinizing allegations of widespread extrajudicial killings. For years, the government stonewalled ICC inquiries, asserting the court had no jurisdiction over the Philippines after its withdrawal. However, this year has brought a new tone from Manila.

“We will talk to them soon in a very well-defined manner, in the spirit of comity. Some people are trying to bridge the divide to bring us together, so we can sit at one table,” said Justice Secretary Jesus Crispin Remulla in a recent interview.

Remulla’s comments signal a noticeable departure from the previous administration’s defiance. “There are certain areas we can cooperate,” he told Reuters, emphasizing that while engagement is possible, “lines have to be drawn properly.”

This pivot comes as the ICC maintains its jurisdiction over alleged crimes committed before the Philippines’ withdrawal. Remulla also acknowledged that ICC representatives have been “going in and out of the country” without government objection, adding that human rights groups have facilitated communication with the tribunal.

During Duterte’s anti-drug operations, police reported 6,200 deaths, all allegedly occurring during shootouts. Activists, however, argue the true toll is much higher, pointing to thousands of unexplained killings in impoverished communities. Many victims were reportedly listed on official drug watchlists, raising suspicions of systemic targeting. Police have denied involvement in these killings, dismissing allegations of state-sponsored executions and cover-ups.

Hands-off Approach

Now 79, Duterte remains unapologetic, steadfastly defending his actions. In a November congressional hearing, he dared the ICC to “hurry up” with its probe, declaring, “If I go to hell, so be it.”

President Ferdinand Marcos Jr., Duterte’s successor, has taken a hands-off approach, stating that his government would not interfere should Duterte choose to face the ICC. Marcos also affirmed the Philippines’ obligation to comply with any international arrest warrant stemming from the investigation.

If charged, Duterte would make history as the first former Asian head of state to stand trial at the ICC. Yet, the question of the Philippines rejoining the ICC remains unresolved. Remulla hinted at Manila’s cautious openness, stating, “We are starting to explore the limits of non-membership to the ICC and the extent of crimes committed prior to the withdrawal.”

Stalled Investigation

Despite these developments, the ICC has declined to comment on its ongoing investigations.

Meanwhile, domestic efforts to investigate the drug war killings have stalled, with little progress made despite what activists describe as overwhelming evidence of abuses by state officials.

Remulla expressed hope that the ICC’s findings could complement the Philippines’ own investigations. “We have to admit the shortcomings that are there,” he said. “We always want to do justice for everyone.”

As the Philippines edges closer to possible cooperation with the ICC, the world watches, pondering whether justice will finally catch up with one of the most controversial leaders in modern history.

About The Author

Antonio Manaytay

Antonio Manaytay is a journalist, editor, and pastor reporting for Rappler and leading the Daily Sun Chronicle. A 2024 Klima Fellow, he covers climate, governance, and grassroots resilience in the Zamboanga Peninsula.

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