THE HAGUE – A number of overseas Filipinos from human rights and democracy groups held a small rally in front of the International Criminal Court (ICC) here on Monday, calling for the start of the tribunal's investigation into the case of crimes against humanity against President Rodrigo Duterte.

The demonstrators came from the Netherlands, Italy, Germany, United Kingdom, Sweden, France and the United States. Also among them were individuals based in Europe who believe in democratic processes.



“It is not so much a protest but a demonstration of support and also an appeal to proceed to the investigation phase of the process because right now, it is in the preliminary stage,” said Vange Lara of the Filipino-American Human Rights Alliance (AHRA).

On February 8, ICC Prosecutor Fatou Bensouda announced that the court will open the preliminary examination which will look into crimes allegedly committed in Duterte’s war against drugs.

The preliminary examination is just the initial step to determine reasonable basis to proceed with the investigation.

Before the rally, the group met with representatives of the ICC to get updates and deliver an appeal letter.

“[Sen. Antonio] Trillanes filed for the preliminary investigation but I think what they told us was Prosecutor Fatou Bensouda recommended that the case be opened… from what they explained to us, she has to get the agreement of other judges to open an actual investigation,” said Clara Lobregat Balaguer, lecturer at the Willem de Kooning Academy in Rotterdam University.

But on March 19 this year, the ICC was officially notified by the United Nations that the Philippines deposited a written notification of withdrawal from the Rome Statute dated March 17.

Under the Rome Statute, the ICC has jurisdiction over signatory countries to address serious crimes under international law.

“It has nothing to do with that. Right now, it is the preliminary stage and the prosecution will decide if they wanna move it to investigation stage because that's when the ICC can protect the witness or witnesses when it is in the investigation stage, so that's what we're appealing,” added Lara.

The withdrawal of the Philippines will take effect one year after the UN was formally notified.

There are fears that if the Philippines’ withdrawal from the ICC becomes final on March 17, 2019, Duterte will no longer be prosecuted.

According to the group, the ICC is not clear about this scenario.

“What they told us now is they have to make a decision before March 17, 2019. Otherwise, they cannot prosecute anymore. But I looked into this before. Nation-states are still liable for the crimes that they commit within the time that they were inside or signatories to the Rome Statute,” explained Balaguer.

The ICC has not given a time frame when the preliminary examination may be expected to end.

For the protesters, the ICC is the only hope for justice for victims of violence in the Philippines.

“To investigate and take steps to do justice for the Filipino people. You are our last resort for justice since President Duterte has brazenly placed all institutions, including the Supreme Court, under his fascist thumb,” said Lara.

The Duterte administration has many times denied it was behind vigilante killings of drug suspects. Officials have earlier said those killed in police operations had violently resisted arrest, prompting officers to fire back.