Crimes against humanity in our local courts

October 24, 2024

MANILA – With insider witnesses coming out to identify the masterminds of the thousands of killings during the Duterte administration’s drug war, there’s increasing talk on the option to file crimes against humanity in our local courts, instead of waiting for prosecution at the International Criminal Court (ICC).

The criminal offense of “crimes against humanity” (CAH) refers to a “widespread or systematic attack directed against any civilian population” through killings, imprisonment, torture, among others. CAH has mostly been discussed in the context of the ICC. This has led many to believe that only the ICC has the exclusive power to punish CAH. Apart from being an international crime, however, CAH is also a domestic crime that can be prosecuted in our local courts because we have Republic Act No. 9851 which punishes it.

During the Duterte administration, it was futile to talk about prosecuting CAH locally. Now that there’s inertia and traction to expose the systematic and widespread killings during the past administration, should we abandon ICC prosecution and opt instead for local prosecution?

If there’s any group that will be so happy on a decision to abandon ICC prosecution in favor of local court prosecution, it will be former president Rodrigo Duterte and his allies (Dutertes). It has been their ardent wish from the very beginning that they be charged before Philippine courts, and not before the ICC. We will be granting their hearts’ desire, and we will be giving them a huge favor, if we cast aside international prosecution and choose local prosecution instead. The question is, why should we choose the playing field eagerly sought by the Dutertes, a venue which they suspiciously seem to consider as