In issuing its ruling, the ICC Pre-Trial Chamber said it was relying on information about direct links between the Davao killings and the ensuing war on drugs, particularly “the systematic involvement of security forces.” He added that “similarities in modus operandi are also noticeable,” citing reports that some individuals involved in Davao`s death squads were later transferred to Manila to participate in the war on drugs. Duterte`s own statements apparently also contributed to the ICC judges` decision to give the investigation the green light, as they noted “consistent progress” in his public threats to kill criminals first in Davao and then get rid of drug traffickers across the country. In addition to Duterte himself, the chamber`s decision mentions former Philippine National Police Chief Ronald “Bato” Dela Rosa, now a senator and close confidant of the president. In his own words, Duterte promoted Dela Rosa to police chief to “look for enemies” and “destroy the [drug] apparatus.” MANILA, Philippines – When we talk about high-profile cases and investigations, 2017 will not be surpassed by the previous year. Please note that it is advisable to contact VPRS before completing a victim application form so that you can get information and advice on what participation in ICC proceedings in general means and what it means at the current stage of the proceedings as well as in possible future phases. In addition, VPRS provides training and guidance on how to complete the form correctly (see also written instructions above), which is very important so that victims` expectations can be met by adequate advice from the registry. Please note that forms received at the investigation stage are generally not yet submitted to the Pre-Trial Chamber, unless there is a court case relating to one or more cases. A “multi-year” hotspot for violence in BARMM is an area called SPMS Box in Maguindanao. [fn] Online interview by Crisis Group, activist from Maguindanao, July 18, 2021. The acronym SPMS comes from army jargon and stands for the settlements of Salbu, Pagatin, Mamasapano and Shariff Aguak. Hide footnote This area, which covers about 90 km², has about 100,000 inhabitants in 30 to 40 villages.
BIFF fighters live among civilians, in many cases near military camps. Communal conflicts over land and politics intertwine with the drivers of the uprising, leading to outbreaks of violence between periods of calm. [fn] Crisis Group telephone interview, MILF commander, February 21, 2021.Hide footnote The conflict in the SPMS box regularly uproots hundreds, sometimes thousands, from their homes. In March and April 2021, for example, at least 30,000 villagers were displaced during clashes between security forces and BIFF fighters. [fn] Edwin Fernandez, “Maguindanao clashes displace thousands,” Inquirer, 8 April 2021.Hide footnote In early March 2022, thousands of civilians were again evacuated in anticipation of ground offensives following a military operation in and around the SPMS box. [fn] See Magungaya Mindanao Incorporated`s Facebook post, 8. March 2022.Hide footnote The often repeated displacement of civilians and destruction of property slow economic progress and create insecurity among residents. [fn] Some of the villages in or near the SPMS box are still in ruins months after the clashes.
Hide footnote One aid worker said: “Civilians are always ready to evacuate. Our communities simply do not feel safe. [fn] [1] Crisis Group online interview, 3 July 2021. Nearly 60% of residents are skeptical about BARMM`s performance to date, according to a survey conducted in mid-2020. See “Rapid Midterm Review of the Bangsamoro Transition Period,” Mindanao Peoples Caucus, October 2020, p. 54.Hide footnote In early February 2020, the Philippine Department of Health confirmed two cases of coronavirus in the country, one of which resulted in one death. Both individuals are believed to be from China. The ICC`s overall role is to investigate and, where warranted, prosecute individuals accused of the most serious crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression. The court is part of a global fight to end impunity and, through international criminal justice, the ICC aims to hold those accountable for their crimes accountable for their crimes and to ensure that these crimes are repeated. The ICC is the first permanent international criminal court to provide an active role for victims in judicial proceedings. Victims can already apply to the court during an investigation by the prosecutor in order to obtain their rights to participate in possible future trials and to obtain compensation in the event of a conviction.
Article 248 of the revised Penal Code provides for the imposition of the death penalty only if an aggravating circumstance is established, including “treason” or “explosion” in the commission of murder. The legal definition of treason was respected, the Supreme Court noted, because it consists of “exploiting superior force with the help of armed men or using means to weaken the defense, or means or persons to ensure or grant impunity.” Here, “the victims were sleeping when the grenade was suddenly thrown into their room” and “they had no chance to defend themselves or repel the attack. Clearly, the attack was carried out without any risk to any of the accused arising from the defence of the victims. Opinion p. 12, note 23. The Supreme Court noted that the aggravating circumstance of the “explosion” could also have entered the case, although it was not alleged in the criminal investigations. (March 2, 2020) On February 17, 2020, the Philippine National Police (PNP) announced that criminal proceedings had been initiated against a person caught spreading misinformation about coronavirus 2019 (Covid-19) on social media. When the Philippine police discovered the station in question, they conducted investigations into the accuracy of the information with the staff of the hospital where the alleged death had occurred. Hospital staff said the information was false, which led to the arrest of the author of the message. He was reportedly charged with violating article 154 of the Criminal Code, which criminalizes the publication of inaccurate information that could endanger public order. The Disaster Fund fraud of 900 million pesos is only part of a payment anomaly totaling 38 billion pesos, for which the Audit Commission recommended a criminal investigation.