Delay sought in ICC probe

The Philippines has asked the International Criminal Court to defer its crimes against humanity investiga- tion linked to the country’s deadly “war on drugs,” the court’s chief prosecutor announced. The request will delay and could even halt altogether the ICC probe into the deadly crackdown.

The Philippines argues in a letter to ICC prosecutor Karim Khan dated Nov. 10 that it already is investigat- ing the crimes and so the international court doesn’t have jurisdiction.

“The court may only exercise jurisdiction where na- tional legal systems fail to do so, which is certainly not the case in the Philippines,” the letter said, citing do- mestic investigations.

Khan said that while his investigation must now be temporarily suspended, his office “will continue its analysis of information already in its possession and any new information it may receive.”

The ICC is a court of last resort for cases that coun- tries are unwilling or unable to prosecute. Under the court’s rules, a country can request deferral of an investigation if it is already investigating the crimes.

Khan said in a statement that the nations seeking a deferral need to provide evidence of “concrete and progressive investigative steps” against suspects or alleged acts that fall under the ICC investigation.

Philippine President Rodrigo Duterte has defended the crackdown as “lawfully directed against drug lords and pushers who have for many years destroyed the present generation, specially the youth.”

More than 6,000 mostly poor drug suspects have been killed, according to government pronounce- ments, but human rights groups say the death toll is considerably higher.

Duterte has denied condoning extrajudicial killings of drug suspects although he has openly threatened suspects with death and has ordered police to shoot suspects who dangerously resist arrest.

Judges in September said there was a “reasonable basis to proceed with an investigation” into killings committed throughout the Philippines as part of the war on drugs, saying they appear to amount to a crime against humanity under the court’s founding statute.