One of the reasons that will make the International Criminal Court decide to exercise jurisdiction over alleged extra-judicial killings committed under the Duterte administration is when they see that the government is “unable or unwilling” to prosecute the crimes. It is called the principle of complementarity.
The communications filed at the ICC against Duterte and police officials alleged to be responsible for the over 5,000 killed during anti-drug operations is in the Examination stage. In her annual report last December, ICC Prosecutor Fatou Bensouda said her office has received a total of 52 communications related to extrajudicial killings in the Philippines since she started the preliminary examination on Feb. 8, 2018.
She said her office will “ continue to engage with a variety of reliable sources and relevant stakeholders on all matters relevant to the preliminary examination of the situation in the Philippines.”