A task force formed by the Department of Justice (DOJ) for the investigation of the notorious Drug War killings is considering Duterte’s admissions for legal action, specifically an international humanitarian case based on a local law.
Justice Secretary Jesus Crispin Remulla said this task force was making “very good progress.”
“IHL, International Humanitarian Law ang ating pinupuntirya ngayon (is what we are aiming for). It is the law that the ICC (International Criminal Court) is studying as well as the law that we have here. It's the law of the ICC, actually. So, it's RA 9851. So, that's what we're looking at right now,” he explained.
Remulla was referring to the Republic Act 9851 or an Act Defining and Penalizing Crimes Against International Humanitarian Law, Genocide and other Crimes Against Humanity. Violation of this act warrants reclusion perpetua or a maximum 40-year sentence and a ₱1 million fine.
The investigation, which will go through everything that was discussed during the Senate Blue Ribbon subcommittee and the House of Representatives’ Quad Committee, which may have overlaps with the ICC’s probe.
“Even if we are not members of the ICC, the spirit of complementarity is still in place,” Remulla said.
Under the principle of complementarity, which posits that jurisdictions will not overlap in legislation, administration, or the prosecution of crime, the ICC only has secondary jurisdiction when a country is able to independently take legal action for crimes against humanity.
The task force was formed pursuant of Department Order 778 signed on November 4, under the Office of the Secretary of Justice Prosecution Staff (OSJPS).
