Highlights
ASSIGNMENT QUESTION
In early June 2020 the Office of the United Nations High Commissioner for Human Rights published a report for the UN Human Rights Council in relation to the Philippines and the ‘war on drugs’ that has been waged under the administration of President Duterte since he assumed office on 1 July 2016.1 The report documents serious and systematic violations of many human rights by State officials and also by non-State actors.
Please provide a memorandum analysing:
(a) whether based on the information contained in Part III of the report some or all of the violations documented there could amount to crimes against humanity under the Statute of the International Criminal Court;
(b) whether it is still possible for the Prosecutor of the ICC to open a formal investigation into the alleged violations and whether there would be any temporal limits to such an investigation; and
(c) whether President Duterte would have immunity under international law before the ICC if he were to be indicted and his arrest and surrender sought from the Philippines or other State party to the Statute of the ICC.
You are not required or expected to carry out research into the alleged facts but should rely in that regard on the material in the OHCHR report.
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