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Position Paper

The document discusses the role of the International Criminal Court (ICC) in investigating serious crimes such as war crimes and crimes against humanity, particularly in relation to the Philippines. It highlights the ICC's recent authorization to investigate alleged extrajudicial killings during former President Duterte's administration, amidst the Philippine government's appeal against the investigation. The document emphasizes the importance of ICC membership for the Philippines in addressing ongoing issues of corruption and human rights abuses.

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15 views4 pages

Position Paper

The document discusses the role of the International Criminal Court (ICC) in investigating serious crimes such as war crimes and crimes against humanity, particularly in relation to the Philippines. It highlights the ICC's recent authorization to investigate alleged extrajudicial killings during former President Duterte's administration, amidst the Philippine government's appeal against the investigation. The document emphasizes the importance of ICC membership for the Philippines in addressing ongoing issues of corruption and human rights abuses.

Uploaded by

blythexxx.prrttymixttty
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as ODT, PDF, TXT or read online on Scribd
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DON VICENTE RAMA NATIONAL

HIGH SCHOOL
Macopa Street, Basak Pardo, Cebu City

“POSITION PAPER”
IN PARTIAL FULFILLMENT OF THE REQUIREMENTS OF THE
. SUBJECT PHILLIPINE POLITICS AND GOVERNANCE

SUBMITTED BY: SUBMITTED TO:


RHEA MAE A. BARON MR. RONALDO RUIZ JR.
STUDENT SUBJECT TEACHER
INTRODUCTION

The ICC is the first permanent international criminal court which


envisages an active role for victims in judicial proceedings. Victims can address the
Court already during an investigation by the Prosecutor, with a view to their right
to participate in potential judicial proceedings at the Situation stage and/or in
potential future cases and their right to receive reparations in case of a conviction.

The ICC is an independent judicial institution empowered to


investigate and prosecute individuals for war crimes, crimes against humanity,
genocide, and the crime of aggression. Its establishment in 2002 signaled the
commitment of many countries to fight impunity for the worst international
crimes. Currently, 123 countries are ICC members, giving the ICC authority under
the Rome Statute to investigate and prosecute crimes committed by their
nationals or by anyone on their territory. The ICC is a court of last resort, which
means that it will only step in if national authorities are unwilling or unable to
investigate and prosecute crimes within the ICC’s mandate.

On January 26, 2023, a pre-trial chamber of the International


Criminal Court (ICC) authorized the court’s prosecutor to resume his investigation
into the situation in the Philippines. The investigation covers alleged crimes
committed from November 2011 to June 2016, including the large number of
extrajudicial killings in Davao City while former President Rodrigo Duterte was its
mayor as well as in other parts the country during his presidency up until March
16, 2019, a day before the Philippines’ withdrawal from the ICC’s founding treaty,
the Rome Statute, took effect. The Philippine government appealed the January
26 decision on February 3. That appeal is pending.
BODY

According to our history some 70,000 people were imprisoned, 34,000


were tortured and over 3,200 people were killed in the nine years after Mr.
Marcos Sr. imposed martial law. Mean while, the Marcos family lived famously
opulent lifestyles while it’s nation is struggling to keep upon their daily lives even
on just their basic needs. The years that followed are remembered as one of the
darkest periods in the nation’s history, with widespread human rights abuses and
corruption. Moving on, to Duterte’s legacy would be the institutionalization of
state violence in the country adding that he has done this not just on his war on
drugs but also in other aspects of governance. He succeeded, however, at
smudging roads and alleys across the country with blood. His drug on war
campaign targeted the poorest communities, killing alleged drug personalities
without them seeing a day in court.

In November 2021, the Philippine government asked the ICC prosecutor


to defer the investigation, claiming that national authorities had begun their own
investigations into cases of extrajudicial killings attributed to the police during
“drug war” operations. Upon receipt of the request, the prosecutor temporarily
suspended investigative activities pending his assessment of the request.

In June 2022, the court’s current prosecutor, Karim Khan, asked the ICC
judges for authorization to resume his investigation, noting that the Philippine
government had not substantiated its deferral request and that the domestic
proceedings referenced “[did] not sufficiently mirror the court’s investigation.”

Considering that we are a third world country, we need ICC to be our


ally. Maintaining our membership in the ICC is crucial because we cannot stand
alone. Up until these days problems such as corruption, unemployment, crimes,
and poverty are the ones that hinder for our country to develop.

CONCLUSION

In Summary, The International Criminal Court (ICC) is a permanent,


international criminal court that was established in 2002 to investigate and
prosecute those who are in the highest echelons of power who have committed
the most heinous crimes as stipulated on the Rome Statute: genocide, crimes
against humanity, war crimes, and crimes of aggression. The ICC has conducted
investigations in countries where national authorities fail to act on a certain crime,
including the Philippines. As of now, the case filed before the ICC concerning the
Philippines is still on the preliminary examination phase.

The judges’ assessment also include information on any criminal


proceedings concerning alleged crimes committed in the Davao City region
between 2011 and 2016, conduct other than murder that might amount to crimes
against humanity, alleged killings outside of official police operations, including
those by “vigilantes,” and any alleged state or organizational policy related to
crimes against humanity.

Based on this analysis, the three-judge ICC panel concluded that the
Philippine government had failed to substantiate its assertions that it was taking
sufficient action to investigate and prosecute the killings that took place during
former President Duterte’s administration. They stated that the Philippine
government’s domestic initiatives “assessed collectively, do not amount to
tangible, concrete and progressive investigative steps in a way that would
sufficiently mirror the court’s investigation.”

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