If there is an Independent Commission for Infrastructure (ICI) to investigate corruption in flood control projects, there should also be a Truth Commission to investigate extra-judicial killings.
On March 29, 2023, President Ferdinand Marcos, Jr. joined the leaders of the United States and 72 other nations in declaring:
“We the leaders of the Summit for Democracy, reaffirm our shared belief that democracy — government reflecting the effective participation and will of the people — is humanity’s most enduring means to advance peace, prosperity, equality, sustainable development, and security. Democracy is necessary to ensure that every voice is heard, that the human rights of all are respected, protected, and fulfilled, online and offline, and that the rule of law is upheld. We recognize that democracy can take many forms, but shares common characteristics, including free and fair elections that are inclusive and accessible; separation of powers; checks and balances; peaceful transitions of power; an independent media and safety of journalists; transparency; access to information; accountability; inclusion; gender equality; civic participation; equal protection of the law; and respect for human rights, including freedoms of expression, peaceful assembly, and association.
“We commit to fight against impunity and promote accountability for violations of international law, particularly genocide, war crimes, the crime of aggression and crimes against humanity, including where such crimes involve sexual and gender-based violence. We acknowledge the important role played by the ICC as a permanent and impartial tribunal complementary to national jurisdictions in advancing accountability for the most serious crimes under international law.”
President Marcos Jr. botched the opportunity to do something great for the country when he subsequently disassociated himself from the Declaration’s reference to the International Criminal Court (ICC). He reiterated the stance that the ICC has no jurisdiction over the country and declared that his administration would not cooperate with the ICC’s investigation of the extra-judicial killings in the Philippines. He stated that the Philippines has a functioning judicial system capable of investigating and prosecuting any alleged crimes, making the ICC’s intervention unnecessary and an infringement on national sovereignty.
The dissociation made President Marcos Jr.’s affirmation of his belief in democracy duplicitous. In January of that year, the ICC pre-trial chamber reopened its investigation into the extra-judicial killings under former president Rodrigo Duterte’s bloody war on drugs because it was not satisfied with the efforts of the country’s social justice system to probe the human rights abuses during Mr. Duterte’s term as mayor of Davao City and during his presidency.
Human Rights Watch had found out that since taking office on June 30, 2016, President Duterte carried out a “war on drugs” that had led to the deaths of over 12,000 Filipinos, mostly urban poor. At least 2,555 of the killings were attributed to the Philippine National Police (PNP). Duterte and other senior officials instigated and incited the killings in a campaign that could amount to crimes against humanity. Human Rights Watch research found that police were falsifying evidence to justify the unlawful killings.
Amnesty International has vehemently condemned former president Duterte’s “war on drugs,” stating that the widespread and systematic extrajudicial executions constitute “crimes against humanity.” The organization has extensively documented how the campaign targeted poor and marginalized communities, resulting in thousands of deaths with rampant impunity.
Amnesty International says that police and individuals linked to them killed thousands of alleged drug offenders, often fabricating incident reports to claim the victims resisted arrest. The police operations, particularly Oplan Tokhang, have been equated with these extrajudicial killings, where police worked from unverified “drug watch lists” to target individuals, including children.
Amnesty International continues to call on the Philippine government to investigate all unlawful killings and ensure justice and reparations for victims’ families. But the Marcos administration has not filed any case against any of the principals behind the war on drugs.
Now President Marcos Jr. is being given the opportunity to still do something great for the country by affirming his belief in democracy. Cardinal Pablo Virgilio David has asked him to create a special body that will investigate the killings during President Duterte’s war on drugs. In a letter to President Marcos Jr. dated Nov. 7, Cardinal David, president of the Catholic Bishops Conference of the Philippines (CBCP), pointed out that the body could provide victims and witnesses a safe venue, review unresolved cases, and recommend reparations, support, and institutional reforms to prevent future abuses.
“They deserve closure. Our institutions deserve restoration. Our nation needs healing,” the Cardinal said. He explained in the letter that the aim of the body is not for revenge but for truth, accountability, and compassion, and to help our country move forward with honesty and moral clarity. “Silence breeds resentment and fear, truth restores dignity, trust, and moral coherence to our democracy,” he added.
The Cardinal said the creation of the body would also send “a powerful message” that the country chooses “courage over fear, accountability over impunity, and reconciliation over silence. It would reaffirm a principle that lies at the heart of our democracy and our shared faith traditions: that every human life has dignity and worth,” he said.
He has explicitly called for the creation of a Philippine Truth and Reconciliation Commission distinct from the International Criminal Court to investigate extrajudicial killings (EJKs). He drew a parallel between the alleged corruption in flood control projects currently being investigated and the “corruption” that led to thousands of EJKs, suggesting that if the government can investigate financial corruption, it should also investigate the corruption that resulted in loss of life.
Many countries have established truth commissions, which are part of transitional justice processes and are created after dictators had been ousted and civil wars ended to investigate human rights abuses and to promote accountability and reconciliation. Among the countries that have created truth commissions are: Chile, South Africa, Argentina, Rwanda, Sierra Leone, and Guatemala.
As bishop of the diocese of Kalookan, Cardinal David actively worked to support and protect drug users and the families of victims during the Duterte administration’s war on drugs,” advocating for a rehabilitative approach instead of the “killings” espoused by the government. His actions included:
• Establishing community-based rehabilitation programs;
• Documenting extrajudicial killings;
• Providing sanctuary and legal assistance;
• Advocating for human rights and justice;
• And offering psychosocial support.
His actions angered President Duterte, who publicly criticized and threatened the bishop with accusations of involvement in illegal drugs and stealing church donations.
The call of the Cardinal is timely. The arrest and surrender of former President Duterte to the ICC in March this year raised several legal questions, among them the jurisdiction of the ICC over Philippine citizens. However, the case has become moot as Mr. Duterte is now in the custody of the ICC in The Hague.
But in reaction to reports that the ICC has also issued a warrant of arrest against him, Senator Ronald “Bato” dela Rosa, is invoking the Philippines’ sovereignty to argue against the ICC jurisdiction. He contends that any cooperation with the ICC, such as surrendering him or providing information like Congressional hearing transcripts, would recognize the ICC’s authority over the country.
His legal team has asked the Supreme Court to block any potential surrender or assistance to the ICC, asserting that Philippine laws do not provide a legal basis for surrendering citizens to an international tribunal.
This principle provides that States have the primary responsibility to investigate and prosecute international crimes, and only when they are inactive, unwilling or unable to genuinely investigate and prosecute, may the ICC exercise its jurisdiction.
Complementarity could have prevented the ICC from trying former president Duterte if a genuine case was brought against him in the Philippines if that case related to the same crimes as those charged at the ICC. But no case was ever brought against him.
Fr. Flaviano Antonio L. Villanueva, SVD, was among those given the Ramon Magsaysay Award this year. He was cited for his Paghilom (Healing) program which organized the exhumation, cremation, and inurnment of victims of the drug war, providing families a place of remembrance and healing at the Dambana ng Paghilom (Shrine of Healing), among his other charity programs. The Ramon Magsaysay Award, established to perpetuate the memory of former Philippine President Ramon Magsaysay, has been referred to as the Asian counterpart of the Nobel Prize.
Maria Ressa was awarded the Nobel Peace Prize for merely standing up to President Duterte. President Marcos Jr. may win the Nobel Peace Prize by creating a Truth Commission and thus bring justice to the victims of President Duterte’s war on drugs.
Oscar P. Lagman, Jr. has been a keen observer of Philippine politics since the 1950s.