Lagman says ICC may try Duterte for crimes against humanity

Albay Rep. Edcel Lagman (left) and President Rodrigo Duterte. INQUIRER FILE PHOTOS

Opposition lawmaker Albay Rep. Edcel Lagman said the International Criminal Court (ICC) may try President Rodrigo Duterte for crimes against humanity over the spate of extrajudicial killings at the height of his administration’s brutal war on drugs.

In a press conference at the House of Representatives on Tuesday, Lagman said the ICC can step in to try Duterte for the killings if the government institutions could not provide an impartial investigation into the slain drug pushers and users in the narcotics crackdown.

“The Duterte administration must not dismiss with cavalier attitude the possibility of the International Criminal Court (ICC) taking jurisdiction over charges against President Duterte for involvement, enticement and/or condonation of extrajudicial killings related to the deadly campaign against the drug menace which may be considered crimes against humanity,” Lagman said.

Lagman said the Philippines ratified the Rome Statute of the ICC in 2011, making the country the 117th state party and the second Asean country to do so.

Lagman added that Republic Act 9851 or the “Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity” institutionalizes the principle of command responsibility.

Under the law, “a superior shall be criminally responsible as a principal for such crimes committed by subordinates under his/her effective command or control or effective authority and control as the case may be as a result his/her failure to properly exercise control over such subordinates.”

Lagman said the ICC may try Duterte if the government institutions like the Department of Justice fail to give an impartial investigation into the extrajudicial killings.

“But such state-initiated investigations, prosecutions, and trials should not be a mere facade, but rather an impartial, honest, and good faith investigation, prosecution, and trial. Otherwise, the ICC can step in, pursuant to the principle of complementarity, if the Philippines is shown to be unwilling or unable to investigate, prosecute, and try in good faith,” Lagman said. JE

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