Media Advisory: 12 July 2023

Situation in the Republic of the Philippines: ICC Appeals Chamber to deliver judgement on authorisation to resume investigations

Other proceedings

On Tuesday, 18 July 2023, at 10:00 (The Hague local time), the Appeals Chamber of the International Criminal Court (ICC) will deliver, in open Court, its judgment on the appeal of the Philippines Government against ICC Pre-Trial Chamber I’s authorisation, pursuant to article 18(2) of the Rome Statute, to resume the investigation of the Prosecutor (ICC-01/21-65).  
The Chamber in this appeal is composed of Judge Marc Perrin de Brichambaut, Presiding, Judge Piotr Hofmański, Judge Luz del Carmen Ibáñez Carranza, Judge Solomy Balungi Bossa and Judge Gocha Lordkipanidze.

Background: On 24 May 2021, the ICC Office of the Prosecutor requested authorisation from the Pre-Trial Chamber to initiate an investigation into crimes allegedly committed on the territory of the Philippines between 1 November 2011 and 16 March 2019 in the context of the Government of the Philippines' "war on drugs" campaign. On 14 June 2021 the OTP Request was made public. On 15 September 2021, the Pre-Trial Chamber authorised the investigation.

According to article 18(2) of the Rome Statute “[…] a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts […]. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.”

On 18 November 2021, the ICC Prosecutor informed the Chamber that the Republic of the Philippines requested, pursuant to Article 18(2) of the Rome Statute, that the investigation into the Philippines situation be deferred. On 24 June 2022, the ICC Prosecutor requested the Chamber to resume the investigation into the situation in the Philippines pursuant to article 18(2). On 8 September 2022, further observations from the Philippines were received, to which the Prosecutor responded on 22 September. On 22 September 2022, the Chamber also received views and concerns of victims.

On 26 January 2023, ICC Pre-Trial Chamber I granted the Prosecutor’s request to resume investigations into the Situation of the Republic of the Philippines. Following a careful analysis of the materials provided by the Philippines, the Pre-Trial Chamber was not satisfied that the Philippines is undertaking relevant investigations that would warrant a deferral of the Court’s investigations on the basis of the complementarity principle.

On 3 February 2023, the Philippine Government filed its Notice of Appeal against Pre-Trial Chamber I’s authorisation. On 27 March 2023, the Appeals Chamber rejected the request of the Republic of the Philippines for suspensive effect of Pre-Trial Chamber I’s decision.

The Philippines, State party to the Rome Statute since 1 November 2011, deposited a written notification of withdrawal from the Statute on 17 March 2018. The Philippines' withdrawal from the Statute took effect on 17 March 2019.

Scheduling Order for the judgment on the appeal of the Republic of the Philippines against the decision of Pre Trial Chamber I entitled “Authorisation pursuant to article 18(2) of the Statute to resume the investigation” 

Webstreaming of the hearing:
The hearing can be followed live on the ICC website, in English and French.

Attending the hearings:

  • Members of the diplomatic corps, NGOs and other members of the public can request attendance via email to: [email protected]. Attendees must present a valid passport or valid ID with a photo at the main entrance of the Court (at: Oude Waalsdorperweg 10, 2597 AK The Hague).
  • Journalists wishing to cover the hearing can request accreditation via email to: [email protected]. All journalists must present a valid press card, and a valid passport or valid ID with a photo, at the main entrance of the Court (at: Oude Waalsdorperweg 10, 2597 AK The Hague).

Individuals who have not received a confirmation in advance of the hearing will not be granted access to the building. Those attending are advised to arrive 20 minutes in advance before the hearing starts.
Audio-visual materials:
Images of the hearing will be available for download in video (MPEG-4) and audio (MPEG-3) format, and for viewing on the official ICC YouTube Channel.
Photographs of the hearing will be available on the ICC Flickr account. For information on audio-visual matters, please contact [email protected]

For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: [email protected]

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