The government will not stop the International Criminal Court (ICC) from investigating former President Rodrigo Duterte’s bloody war on drugs, provided that its conduct follows 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 as saying in a report released by Japan’s Kyodo News Thursday evening.
Remulla was referring to the intention of the ICC to look into theflagship anti-narcotics campaign of the Duterte administration, 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 statements were in contrast to the adamant refusal by the current administration to cooperate with ICC investigators.
The Philippines withdrew its ICC membership in March 2019 under Duterte’s orders. But the Hague-based tribunal said it retains jurisdiction over alleged crimes committed while the Philippines was a member from November 2011.
Duterte carried out his war on drugs from 2016 to 2022. Under this campaign, law enforcement authorities pursued suspected drug dealers and users, several 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.”
Senator Ronald dela Rosa, who as Duterte’s police chief led the war ondrugs, insisted that the IC has no jurisdiction to conduct its investigation. That means any investigation conducted by them would be illegal, he said.
As chief of the Philippine National Police (PNP) during the drug war,Dela Rosa was among the respondents in the ICC probe, along with the former president.
Senator Christopher Go, a Duterte loyalist, said Filipinos should bejudged only by fellow Filipinos before Philippine courts operating under Philippine laws.
He cited the importance of the Philippines’ judicial independence, particularly in light of the potential intervention by the ICC. With Rey Requejo
Former senator Leila De Lima, however, said defenders of Duterte in the administration should realize that the ICC is determined toenforce the Rome Statute so long as the Philippine government does not undertake a serious, in-depth, and comprehensive investigation and prosecution of the masterminds of Duterte’s drug war killings.
She emphasized that no amount of simulated investigations or the tokenprosecution of small fry will fool the ICC into withdrawing its mandate insofar as taking jurisdiction over crimes against humanity committed in the Philippines is concerned.
The Philippine government should also stop spending government fundsto counter the ICC process as these only benefit those being investigated by the ICC, and not the Filipino people.
She said the government should never take the cudgels for every public officer, let alone a former official, accused of committing criminalacts in the guise of defending Philippine sovereignty and jurisdiction over the criminals.
On Wednesday, Presidential Task Force on Media Security Undersecretary Paul Gutierrez said United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression Irene Khan will meet with House Speaker Martin Romualdez, Remulla, and De Lima, but said this has nothing to do with the ongoing ICC probe.
Gutierrez said the meeting with the formerly detained lawmaker should not be controversial because the UN special rapporteur had requested for the meeting when De Lima was still in jail.
“Now, we can show that she is free although temporarily, so we think this won’t be an issue,” he said.
De Lima, who had expressed criticism of Duterte’s war on drugs, was detained for almost seven years on what she says are trumped-up drug cases and was recently released on bail. She has one remaining pending case. with Rey Requejo
