MANILA — (UPDATED) The International Criminal Court (ICC) on Tuesday ruled that it would proceed with its investigation on the killings during former President Rodrigo Duterte's bloody drug war, denying the Philippine government's appeal on the contrary.

The court handed down the ruling past 4 p.m. Manila time, with ICC Appeals Chamber Presiding Judge Marc Perrin de Brichambaut announcing the decision on the Philippines' appeal.

Judges at a public hearing at the court's headquarters on Tuesday "confirmed by majority... a decision granting authorization to the ICC Prosecutor to resume the investigations in relation to the situation in the Philippines."

A five-judge bench dismissed Manila's objection that the court had no jurisdiction because the Philippines pulled out of the ICC in 2019, some three years before the inquiry was resumed.

"The Appeals Chamber by majority... finds that the Philippines sets out the alleged errors in a manner that renders unclear both the precise nature of its challenge as well as the legal basis pursuant to which the challenge is made," presiding judge Marc Perrin de Brichambaut said.

The Philippine government was represented by Sarah Bafadhel and Philippine Ambassador to The Hague Eduardo Malaya.

ICC Prosecutor Karim Khan, who had been given the green light to proceed with the probe, was also present.

Human Rights Watch welcomed the ICC ruling, calling it the "next step toward justice for victims of [the] 'drug war' and their families."

"The Marcos administration should back up its stated commitment to human rights and the fight against impunity by following through on its international legal obligation to cooperate with the court's investigation," the group's Asia deputy director Bryony Lau said in a statement.

The group's senior researcher Carlos Conde earlier expressed optimism Tuesday morning that the ICC ruling would favor the drug war victims, citing the Philippine government's treatment of the ICC and lack of transparency on the drug war.

• Rights group 'optimistic' ICC would favor drug war victims

"We are very optimistic that the ICC will look at whatever evidence is there, the information that's been filed with them by the families of victims of the drug war—it's this evidence and this information, these testimonies are too important, too massive to ignore... that's why we think that the ICC will rule in favor of the victims of the drug war," Conde told ANC.

The Marcos administration had shunned the ICC probe, with President Ferdinand Marcos Jr. himself saying that the court had "no jurisdiction" in the Philippines and its investigation being a "threat to our sovereignty."

• 'Threat to our sovereignty': Marcos won't allow ICC in PH for Duterte drug war probe

A day before the ICC handed down its decision, Justice Secretary Jesus Crispin Remulla had said that the Philippines would not implement any arrest warrant, should the ICC issue one, on its drug war probe.

Duterte pulled the Philippines out of the ICC in 2019, a year after the Hague-based tribunal began a preliminary probe into the crackdown which has killed thousands.

The ICC launched a formal inquiry in September 2021, only to suspend it two months later after Manila said it was re-examining several hundred cases of drug operations that led to deaths at the hands of police, hitmen and vigilantes.

At least 6,181 people have been killed in more than 200,000 anti-drug operations carried out, according to the latest official data released by the Philippines. ICC prosecutors estimate the death toll at between 12,000 and 30,000.

—With reports from Agence France-Presse, Mike Navallo and Raffy Cabristante, ABS-CBN News

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