International Criminal Court Chief Prosecutor Fatou Bensouda reported Monday that a preliminary examination into the situation in the Philippines had found a “reasonable basis” to believe that the crimes against humanity of murder, torture and the infliction of serious physical injury and mental harm were committed between July 2016 and March 2019.

The report follows the opening of a preliminary examination in February 2018 after allegations of extra-judicial killings of thousands of persons, including minors, for their alleged involvement in illegal drug use or dealing. Following the announcement, the government of the Philippines deposited a written notification of withdrawal from the Rome Statute with the UN Secretary-General in March 2018. The withdrawal formally took effect in 2019.

The Office of the Prosecutor (OTP) focused its examination on the nationwide anti-drug campaign by the Philippines National Police (PNP), where PNP forces have conducted tens of thousands of operations that have reportedly resulted in the killing of thousands of alleged drug users and/or small-scale dealers. More concretely, the OTP enquired as to whether the alleged conduct of the PNP and its agents amounted to crimes against humanity under the Rome Statute.

COVID-19 and the resulting capacity constraints affected the OTP’s ability to bring the preliminary examination to a close during the reporting period. A decision on seeking authorization to open an investigation into the situation is expected in the first half of 2021.