Philippines due to leave ICC over drug war inquiry

Advocates and families affected by drug-related killings are calling on the ICC to continue the preliminary examination of the information against Duterte. (AP)
Updated 17 March 2019
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Philippines due to leave ICC over drug war inquiry

  • The withdrawal is to become final a year after it told the UN that it was quitting the world’s only permanent war crimes tribunal
  • Duterte’s drug war is his signature policy initiative and he defends it fiercely, especially from international critics

MANILA: The Philippines was poised to officially quit the International Criminal Court on Sunday, though the beleaguered tribunal has pledged to pursue its examination of possible crimes in the government’s deadly drug war.
Manila’s withdrawal is to become final a year after it told the United Nations that it was quitting the world’s only permanent war crimes tribunal, the second nation to do so.
“The Secretary-General... informed all concerned states that the withdrawal will take effect for the Philippines on 17 March,” UN spokesperson Eri Kaneko told AFP on Friday.
The Philippine government and the ICC on Sunday had yet to comment on the withdrawal’s effectivity.
The departure of the Philippines follows the court being hit in recent years by high-profile acquittals and moves by several nations to drop out.
Manila moved to quit after the body launched a preliminary examination in 2018 into President Rodrigo Duterte’s drug crackdown that has killed thousands and drawn international censure.
Duterte’s drug war is his signature policy initiative and he defends it fiercely, especially from international critics like Western leaders and institutions which he says do not care about his country.
However, court officials have said the preliminary probe launched by ICC prosecutor Fatou Bensouda in February 2018 into possible crimes against humanity in the drug war would continue.
Under the court’s rules, any matter under consideration before a nation leaves the court is still under its jurisdiction.

Duterte has made it clear his government will not cooperate with the ICC in any way.
“The court “can never acquire jurisdiction over my person, not in a million years,” he said in a speech on Wednesday.
Rights group Amnesty International said on Sunday the withdrawal should prompt the UN Human Rights Council to probe the killings.
“Filipinos bravely challenging the ‘war on drugs’ or seeking justice for their loved ones need international support to help them end this climate of fear, violence and impunity,” said Amnesty International regional director Nicholas Bequelin.
The ICC examination, which is one step before a full-blown probe, zeroes in on allegations the government has been involved in illegal killings as part of the crackdown Duterte launched in mid-2016.
Police say they have killed 5,176 users or pushers who resisted arrest, but rights groups say the actual number of dead is at least triple that number.
Critics have alleged the crackdown amounts to a war on the poor that feeds an undercurrent of impunity and lawlessness in the nation of 106 million.
The Philippines’ move to exit follows a string of setbacks for the ICC, including the January acquittal of former Ivory Coast leader Laurent Gbagbo and the June 2018 not guilty verdict for former DR Congo vice president Jean-Pierre Bemba.
Burundi in 2017 became the first ever nation to leave the court, which was founded in 2002.
In a wave of unprecedented defections, other African nations — Zambia, South Africa, Kenya and Gambia — have also made moves to quit or expressed interest in withdrawing as they accused the court of being biased against Africans.
However, the court this month got a boost when Malaysia officially joined, making it one of just a handful of Asian members.


Hong Kong begins national security trial of Tiananmen vigil group

Updated 4 sec ago
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Hong Kong begins national security trial of Tiananmen vigil group

  • Three government-vetted judges will preside over the trial, which is expected to last 75 days

HONG KONG: Hong Kong’s High Court began hearing on Thursday a landmark national security trial of the three former leaders of a now disbanded group that organized annual vigils marking Beijing’s 1989 Tiananmen Square crackdown on pro-democracy protesters.
Once legal in China-ruled Hong Kong, such public commemorations were hailed as a symbol of the Asian financial hub’s relative freedom, compared to mainland China.
“Justice resides in the hearts of the people, and history will bear witness,” said Tang Ngok-kwan, a former senior member of the disbanded group, the Hong Kong Alliance in Support of Patriotic Democratic Movements of China.
He was among dozens who braved cold weather to queue outside the court building, which was tightly guarded by scores of police officers and vehicles.
The events on June 4, ‌1989, when Chinese ‌troops opened fire to end student-led protests, are not publicly discussed in China, ‌which ⁠treats the date ‌as taboo and allows no public remembrance.
Blocked in 2020 over COVID-19 curbs, the Hong Kong memorials have never resumed since China imposed a tough national security law that year. Several June 4 monuments, such as the “pillar of shame,” have also been removed from the city’s universities.
Under that law, Lee Cheuk-yan, 68, Albert Ho, 74, and Chow Hang-tung, 40, three former leaders of the group, now face charges of “inciting subversion of state power” that carry punishments of up to 10 years in jail.
Chow and Lee, one of the city’s veteran democratic leaders, pleaded not ⁠guilty, while Ho, also a former chairman of the city’s largest opposition Democratic Party, pleaded guilty.
The trial is among the last of several ‌such major cases, with Chow, the former vice chair of the ‍group, held on remand for more than 1,500 ‍days after being denied bail.
Subverting state power a key question in trial
In an opening statement, prosecutors ‍said the case centered on whether the Alliance’s publicly stated goal of “ending one-party rule” constituted illegally inciting others to carry out acts aimed at subverting state power.
The other key focus of the case was whether such acts amounted to “overthrowing or undermining” China’s system of government, they added.
In the past, the Alliance has said it hoped to see a democratic China and was not aiming to destroy the Chinese Communist Party (CCP) but to see it contest free elections.
Rights groups and some foreign governments have criticized such national security cases ⁠against prominent democrats as a weaponization of the rule of law to silence dissent.
“This case is not about national security – it is about rewriting history and punishing those who refuse to forget the victims of the Tiananmen crackdown,” said Sarah Brooks, the Asia deputy director of rights group Amnesty International.
Beijing says Hong Kong’s national security law was necessary to restore order after sometimes violent protests rocked the former British colony for months in 2019.
Detained since September 2021, Chow, a Cambridge-educated barrister, is one of the few democratic campaigners still speaking out against the Chinese Communist Party’s crackdown.
She has represented herself in court and challenged prison rules.
“The state can lock up people but not their thinking, just as it can lock up facts but not alter truth,” she told Reuters in an interview.
Last November, the High Court rejected Chow’s bid to terminate the trial.
On Wednesday, the judges said the ‌court would rely on evidence and legal principles, adding that it “will not allow trials to become a tool for political repression ... or an abuse of judicial procedures,” as Chow claimed.