The International Criminal Court (ICC) can conduct an investigation into Rodrigo Duterte’s crimes against humanity in the Philippines, with or without the consent and cooperation of the Philippine government. Thus, the recent statement by Solicitor General Menardo Guevarra that Ferdinand Marcos Jr’s government will not block the investigation by the international court is nothing new. In fact, this was also Marcos’ declaration last January, before the open split between his faction and that of Duterte. The Philippines withdrew from the court in 2019.

Guevarra stated that the Marcos government maintains its stance that it will not cooperate with the ICC. Marcos has not yet retracted his previous statement that he will not honor the arrest warrant issued by the court against the former president.

Atty. Kristina Conti, lawyer for the families of the victims and assistant counsel to the ICC investigation, said the preliminary examination has been completed. The first series of investigations focused on the pattern of killings, not just the killing of a single victim, to confirm that there had been “systematic and mass killings” under the previous regime’s “war on drugs.”

Right now, the ICC is at a stage where it is establishing the perpetrators of the crime. Attorney Conti explained that the court is not looking for the ones who pulled the trigger, but those who ordered it, as they are the most responsible for the crimes. She said the court can investigate a person or a group of people.

According to the latest news, the ICC has already sent a document to the Philippine government on July 3 naming Ronald de la Rosa, Oscar Albayalde, Romeo Caramat Jr, Edilberto Leonardo and Eleazar Mata as individuals implicated in crimes against humanity. The five are former and current officers of the Philippine National Police who are directly involved in the Duterte regime’s “war on drugs.”