On October 22, 2024, Philippine politician and former senator Leila de Lima called on the Philippine government to rejoin the International Criminal Court (ICC). Speaking before the members of the four committees of the House of Representatives (“Quad-Committee”), she emphasized that “to ignore the ICC is to ignore our own law.” According to De Lima, the Philippines is also bound by the domestic international humanitarian law (Republic Act (RA) 9851) to prosecute serious human rights violations. The Quad-Committee is currently conducting an investigation into the drug-related killings and extrajudicial killings under former President Duterte.
De Lima described the Philippines’ withdrawal from the ICC under the Duterte administration in 2019 as a “self-serving act,” as the ICC had already launched a preliminary investigation into the numerous drug-related killings and human rights violations in the so-called “war on drugs” at the time. De Lima emphasized that RA 9851 would basically allow the Philippine authorities to extradite suspects to the ICC, regardless of whether the country is an ICC member or not. This law, which has been in force since December 11, 2009, defines and criminalizes crimes against humanity, genocide, and similar serious violations. According to RA 9851, former President Rodrigo Duterte could also be prosecuted.
During the current Quad Committee investigation, De Lima described in detail the composition and reward system of former President Duterte’s controversial Davao Death Squad (DDS). The DDS had supposedly carried out summary executions for Rodrigo Duterte during his time as mayor of Davao City. De Lima had already initiated an investigation into the DDS and Duterte before her arrest as Chairperson of the Philippine Commission on Human Rights (CHR) in 2009. She stated that then-Mayor Rodrigo Duterte acted as the mastermind of the DDS and funded it through the Peace and Order Fund or the Mayor’s Intelligence Fund. Kerwin Espinosa, a witness in the former case against De Lima for allegations of involvement in the illegal drug trade, stated on October 15, 2024, that he was pressured by Senator Ronald “Bato” dela Rosa to testify against De Lima under threat of violence against him and his family.
On October 14, 2024, the Philippine government announced that despite the results of the Quad-Committee investigation, the re-entry into the ICC remains out of the question. Meanwhile, the government is applying for a seat on the United Nations Security Council (UNSC) for the year 2027-2028. In this context, Philippine Foreign Affairs Secretary Enrique Manalo cited the Philippines’ upheld commitment to the rule of law and its long-standing commitment to peace and human rights as key qualifications for a seat on the UNSC at the East-West Center International Media Conference in Manila last June.
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