The government will not stop the International Criminal Court (ICC) from investigating the ‘war on drugs’ policy of former President Rodrigo Duterte, provided that its conduct will follow Philippine legal procedures.
“We’re not here to stop them (ICC) because if they’re not doing anything illegal, there’s nothing wrong with that,” Justice Secretary Jesus Crispin Remulla was quoted saying in a report released by Kyodo News, Thursday evening, Jan. 18.
Remulla was referring to the intention of the ICC to look into the flagship anti-narcotics campaign of the Duterte administration, colloquially known as “Oplan Tokhang,” which left thousands dead often under questionable circumstances.
“If they’re getting statements, they’re getting evidence. It’s okay,” Remulla said of the ICC investigators, as quoted by Kyodo News. “But we have to clarify many issues, especially about procedure,” he added.
The Philippines withdrew its ICC membership since March 2019. But the Hague-based tribunal said it retains jurisdiction over alleged crimes committed while the Philippines was a member from November 2011.
Duterte implemented his war on drugs from 2016 to 2022. Under this campaign, law enforcement authorities pursued suspected drug dealers and users, a number of whom ended up dead by way of summary executions.
Remulla said he had heard rumors of investigators from the ICC Office of the Prosecutor having visited or currently visiting the Philippines, expressing hope they would coordinate with the Department of Justice (DOJ).
“We will have to deal with several legal implications of the action of the ICC in the Philippines, and it might have to end up in the Supreme Court of the country,” he said, noting that “procedural matters have to be observed to make sure that the rights of people are respected.”
President Marcos, who succeeded Duterte, is opposed to the ICC investigation, citing the capability of local authorities to conduct any probe. However, the incumbent chief executive did not rule out the possibility of the Philippines joining the ICC again, saying in November that the idea is “under study.”
