Duterte’s war on drugs for possible crimes against humanity involving murder. The request was embodied in a 57-page submission titled Request for Authorization of Investigation on the Situation in the Republic of the Philippines.
Of course, Prosecutor Bensouda’s submission is the result of only the first phase or the preliminary examination, which is followed by the next phase which is the investigation.
The Prosecutor will submit the result of the investigation to the Pre-Trial Chamber for approval in a confirmatory hearing in order to proceed to the third phase, which is the trial by a Trial Chamber. In this confirmatory hearing, Philippine authorities can raise before the Pre-Trial Chamber the defense of the complementarity rule. The problem is Philippine law and jurisprudence clearly contradict any invocation by Philippine authorities of the complementarity rule.
Second, the President exercises “control” over all executive offices and agencies of the government. The Constitution provides, “The President shall have control of all the executive departments, bureaus, and offices.” All the investigatory and prosecutory arms of the Executive branch, namely the Philippine National Police, the National Bureau of Investigation, and the Department of Justice, are under the control of the President.
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