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This file photo shows individuals joining a protest against the government's bloody war on drugs.
The STAR / Miguel de Guzman, File
MANILA, Philippines — Victims of killings during the war on drugs can seek reparations from the International Criminal Court for the damages they have suffered, according to an ICC-accredited lawyer.
International law expert and lawyer Joel Butuyan explained that there is a "reparation stage" for victims if a conviction is reached. During this stage, they can present evidence of the damages they have suffered.
He explained that the court can award reparations from the recoverable assets of the accused
“The damages that are going to be awarded to them will be first collected from any recoverable assets of the accused. And there is the remedy of obtaining a freeze on the assets of the accused while trial is going on,” Butuyan said in an online forum hosted by the Foreign Correspondents Association of the Philippines on Monday, March 17.
Butuyan said that individuals may file for the freezing of assets after the confirmation of charges against former president Rodrigo Duterte, scheduled for September 23.
“It has to be after the confirmation of charges, not this early because the charges have not been confirmed,” he said.
Butuyan added that if there are no recoverable assets from the accused, the ICC has a trust fund for reparations. However, he cautioned that victims should not expect a large amount, as the funds available for reparations may be limited.
“The form of reparations actually can be like a livelihood business or activity that will be given to communities of victims. So it's not limited to the traditional and usual award of monetary damages,” he said.
Aside from monetary and livelihood programs, the international tribunal may also provide psychological support and other forms of assistance to help affected families rebuild their lives following the crimes committed.
Charges against Duterte
According to Philippine government records, Duterte’s war on drugs resulted in around 6,000 deaths.
However, human rights groups estimate that the actual death toll could be as high as 30,000, with many victims being small-time drug users and pushers.
On March 14, the ICC charged Duterte with crimes against humanity, specifically citing his alleged involvement in at least 43 killings.
These included incidents attributed to the Davao Death Squad and police actions during his presidency.
The charges cover incidents that reportedly occurred between Nov. 1, 2011, and March 16, 2019.
