The tribunal adopted my testimony as follows: "US military aid to the Philippine government facilitates its commission of war crimes and crimes against humanity against its own people. Like Philippine leaders, US political and military leaders could be liable in the International Criminal Court as aiders and abettors of war crimes and crimes against humanity."
The Filipino people have the right to self-determination, which includes the right to development. As stated in the Declaration on the Right to Development, it is "by virtue of" self-determination that peoples "have the right freely to determine their political status and to pursue their economic, social and cultural development." The people have the "inalienable right to full sovereignty over all their national wealth and resources."
Witnesses documented widespread and systematic attacks on indigenous peoples and national minorities, and the use of white phosphorous gas and enforced disappearances, which amount to crimes against humanity.
"Philippine and US political and military leaders do not enjoy impunity for their crimes. Achieving justice for the Filipino people is not just a matter for people in the Philippines. Americans and other people throughout the world have a responsibility to bring the criminals to justice," the tribunal wrote, adopting my testimony. "The Filipino people continue their valiant struggle for national liberation and self-determination. Providing legal accountability for the crimes of Philippine and US officials will help to deter them from committing additional crimes."
In February 2018, Bensouda opened a preliminary examination into possible crimes committed since at least 1 July, 2016, in the context of the "war on drugs" campaign launched by the Philippine government. A preliminary examination is an initial step to determine whether there is a reasonable basis to proceed with a full investigation.
The following month, in March 2018, the Philippine government submitted a withdrawal from the Rome Statute. It takes effect one year later. Bensouda responded, "A withdrawal has no impact on on-going proceedings or any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective."
Even if the ICC does not ultimately investigate and prosecute war crimes and crimes against humanity committed by military and police officials of the Philippine government, other countries could bring the offenders to justice under the well-established principle of universal jurisdiction .
Any country can try a foreign national for war crimes and crimes against humanity when the suspect's home country is unable or unwilling to prosecute, and Duterte has proved unwilling to prosecute those responsible for the heinous crimes against the Filipino people.
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