A prosecutor for the International Criminal Court (ICC), Fatou Bensouda, has said, "During 2020, the Office will aim to finalize the preliminary examination in order to enable the Prosecutor to reach a decision on whether to seek authorization to open an investigation into the situation in the Philippines." Her comments were made in a report released Thursday night.

The target of the eventual investigation is Philippine President Rodrigo Duterte and the deaths that have occurred as a result of his war on drugs, a platform that helped him win the Philippine presidency in 2016. According to recent surveys by the Social Weather Stations (SWS), Duterte's performance as president is largely approved of by the people of his country.

The ICC is an international tribunal located in The Hague, Netherlands. It has jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and crimes of aggression. Bensouda is a Gambian lawyer and international criminal law prosecutor.

The first steps toward proving any of these charges began in 2018 when a preliminary examination was opened to determine if the ICC should take over jurisdiction. If Bensouda determines that the Philippines is unable or unwilling to investigate the killings, then ICC can claim jurisdiction.

Bensouda's strongest argument is that only one drug war-related case has been decided, the conviction of Caloocan policemen in the killing of 17-year-old Kian delos Santos. The official death count since the anti-drug campaign began is over 5,000 with some unofficial estimates claiming the number is closer to 20,000.

Rappler, an online news outlet founded by Philippine journalist Maria Ressa — a prominent critic of Duterte, conducted an “analysis” that the government has allowed thousands of the killings to go unsolved, owing to the systematic gaps in the police and prosecutorial levels.

The prosecutor’s arsenal includes allegations of rape in addition to the killings.

She said, "Further, it has been reported that in at least a few incidents, members of law enforcement raped women who were apparently targeted because of their personal relationships to individuals alleged to have been involved in drug activities. It has also been alleged that in several incidents, relatives (such as spouses, parents or children) of the victims witnessed the killings, thereby sustaining serious mental suffering."

In March of 2019, Duterte officially withdrew from the ICC, a move his critics think was to avoid any investigations. The ICC still maintains its authority because the withdrawal came after the investigation was opened. Duterte and his former police chief Ronald Dela Rosa were named as respondents in some filings with the ICC.

2020 will prove to be an interesting year with Duterte’s critics and the ICC on one side against Duterte supporters and a clannish culture that dislikes any meddling from outsiders. But unless the Philippine government can prove to the ICC that it can provide some accountability for the thousands of deaths, Bensouda may soon be a very busy lady.

Prosecutor Fatou Bensouda says the International Criminal Court has information on the locations of three Libyan fugitives, including one of former dictator Moamer Kadhafi's sons
Prosecutor Fatou Bensouda says the International Criminal Court has information on the locations of three Libyan fugitives, including one of former dictator Moamer Kadhafi's sons ANP / EVA PLEVIER
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