ICC’s Khan opposes ‘drug war’ probe pause; PH’s appeal brief deadline extended

ICC Prosecutor Karim Khan (REUTERS/File Photo)

MANILA, Philippines — International Criminal Court (ICC) Prosecutor Karim Khan has asked the tribunal’s Appeals Chamber to dismiss the Philippine government’s request to suspend the decision allowing the probe into the Duterte administration’s “drug war” to resume.

Khan argued that suspending the investigation of the brutal war against illegal drugs during the term of former President Rodrigo Duterte is “not necessary in the circumstances of the case.”

He also pointed out that “[t]he Philippines has not provided any argument substantiating its request for suspensive effect, nor shown that implementation of the Decision would create an irreversible situation or one that would be very difficult to correct or what could potentially defeat the purpose of the appeal.”

In a document dated February 16 and issued at the Hague, Netherlands, Khan told the ICC Appeals Chamber:

“The Prosecution respectfully requests the Appeals Chamber to dismiss the application made by the Government of the Philippines pursuant to Article 82(3) and rule 156(5) for suspensive effect of Pre-Trial Chamber I’s decision authorizing the resumption of the Prosecution’s investigation.”

The Philippine government had been asserting before the ICC that the country’s justice system is working and that it is capable of carrying out investigations of the drug war on its own.

But Khan emphasized before the ICC’s Appeals Chamber that the Philippine government could still continue whatever investigation it has of the drug war even if the ICC conducts its own probe.

Appeal brief extension

In a separate document dated February 17 and also published on the ICC’s website, the Appeals Chamber granted the Philippine government an extension to file an appeal brief until March 13 this year.

Originally, the Philippine government was given until Sunday, February 19, to comply.

“The time limit for the filing of the appeal brief by the Republic of the Philippines is extended to 16h00 on Monday, 13 March, 2023,” said the Appeals Chamber, citing “the new administration’s logistical and administrative constraints.”

Previously, the Philippine government explained before the ICC that the new administration was still appointing chiefs of government agencies thus, it needed more time to submit documents.

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