The recent decision of the International Criminal Court (ICC) presents a thought-provoking argument as to why relying solely on institutions for justice may not be the best approach. With a narrow margin of three versus two judges, the ICC voted to continue investigations on potential crimes against humanity during the Duterte administration’s war on drugs. However, once individuals are named as accused in the ICC investigation, they can question the jurisdiction of the court. In a second round, the outcome could differ, with the ICC ruling that it no longer has jurisdiction over the Philippines. While it is important to pursue ICC prosecution, if the ICC were to abandon the Filipinos, would justice be out of reach? Additionally, what happens if the accused individuals pass away before the ICC prosecution begins or concludes? Our domestic justice system can also not be fully relied upon. The Marcos administration refuses to address the issue of nonfunctioning police and prosecution forces that fail to bring legitimate cases to court. While we may have independent judges, if our police refuse to investigate due to corruption or fear of repercussions, and our prosecutors fail to prosecute out of fear of job loss or lack of promotion, justice cannot be achieved. The ruling administration claims to be investigating lower-level officers, while the ICC insists that the investigations must encompass the masterminds. The administration’s focus solely on trigger-pullers falls short of what the ICC deems necessary, which includes those who gave the orders. If both domestic and international judicial institutions cannot be fully trusted, where do we turn to for justice? We can learn from our years under the Marcos dictatorship. President Ferdinand Marcos Sr. was never tried or convicted due to his death, but his reign’s dark period is engraved in our history and collective memory through various art forms. The martial law years resulted in over 3,000 extrajudicial killings, and countless works of art emerged from these tragic stories, becoming cultural classics. Contrastingly, the drug war during the Duterte years saw close to 30,000 deaths, a staggering increase compared to the casualties of the Marcos dictatorship. Yet, there is a lack of songwriters, filmmakers, painters, poets, and writers in this generation who should be creating cultural remembrances and historical reminders of those bloody years. Perhaps this is because the victims of the drug war were primarily from the poor class, while the victims of the Marcos dictatorship affected both the rich and the poor. Our pursuit of justice through judicial institutions is ultimately a quest for retribution against the leaders responsible for the bloodshed. However, what about seeking justice against a society that either turned a blind eye or cheered on as the carnage unfolded? Judicial convictions and the incarceration of our leaders would only amount to a symbolic victory if our country remains inhabited by a bloodthirsty and apathetic citizenry. Judges cannot convict an inanimate culture of violence that perpetuates the rise of cruel leaders. The responsibility lies with our artists, singers, writers, filmmakers, theater producers, and creative talents to shape and challenge this culture.
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