Rights advocates urge US Congress urged to reconsider bill vs ICC

SERVING JUSTICE The International Criminal Court (ICC) headquarters in The Hague. —ICC photo

MANILA, Philippines — Human rights advocates on Monday expressed concern over a pending bill in the US House of Representatives that would impose sanctions on the International Criminal Court (ICC), fearing it may affect its investigation into the drug war of former President Rodrigo Duterte, particularly its witness protection program.

Among the 27 signatories of a letter dated Jan. 6 addressed to members of the US Congress are former Sen. Leila de Lima, human rights lawyer Ruben Carranza, and David Borden, executive director of StopTheDrugWar.org who initiated the correspondence.

The letter underscores the ICC’s efforts to protect witnesses and urges US lawmakers to vote “no” to House Resolution (HR) No. 23 or the proposed “Illegitimate Court Counteraction Act,” which seeks to sanction the ICC over its mandate to prosecute and arrest personalities whom the United States considers its allies.

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The bill’s avowed objective was an apparent reference to Israeli Prime Minister Benjamin Netanyahu, who faces an arrest warrant before the Hague-based court over the killings of civilians, mostly Palestinian women and children, in Israel’s still ongoing offensive on Gaza.

Outgoing US President Joe Biden had earlier called the ICC arrest warrants “outrageous.”

“We will always stand with Israel against threats to its security,” he said.

‘Horrific crimes’

“This legislation [sanctioning the ICC], though prompted by actions taken by the ICC Prosecutor in relation to the ICC’s Israel/Palestine case, would derail all the Court’s cases, a number of which the US [had] played a role in initiating and many of which the US actively supports,” the letter read in part.

“This in turn would jeopardize the lives of people around the world who have cooperated with the Court as witnesses to many horrific crimes,” it added.

The signatories also noted how, in the past, the United States had expressed support for the ICC’s work on the Philippine drug war.

But in June last year, the Republican-dominated House, together with several Democrats, voted 247 to 155 in favor of HR 23, which aims to impose on individuals involved in ICC prosecutions of Americans or US allies such sanctions as blocking the entry of ICC officials to the United States, revoking their visas and restricting them from any property transactions in the United States.

Human rights advocates from the Philippines also pointed out the ICC Registrar’s warning that the sanctions would “disconnect” the court from the global financial system and may even jeopardize its programs.

“Among the places where the US has encouraged victims to serve as witnesses are Sudan and Libya, and Ukraine” the letter said.

Duterte influence

The signatories pointed out further that, while Duterte may no longer be in power, his children still occupy public positions. Moreover, Vice President Sara Duterte and Davao City Mayor Sebastian Duterte are also included in the list of accused based on the written submissions to the ICC.

“The Philippines is a dangerous place for people taking on the former president,” the signatories said. “The former president’s death squad members largely remain free, and some of them at least remain available for work.”

“In this time when democracy and rule of law are being tested, we believe that HR 23, while intended to support a US ally during a time of war, would instead serve the interests of those seeking autocracy,” they added.

—WITH A REPORT FROM INQUIRER RESEARCH