DOJ: ICC Probers Welcome In The Philippines, But...

Prosecutors of the International Criminal Court (ICC) may proceed uninterrupted with their investigation on the drug killings in the Philippines during the Duterte administration, contrary to an earlier declaration of Justice Secretary Jesus Crispin Remulla.

Department of Justice (DOJ) spokesman Mico Clavano made the clarification at a briefing on Saturday, Jan. 28, saying Remulla was just expressing his disappointment when he said ICC prosecutors are not welcome to enter the country.

“No, we’re open to dialogue with them,” Clavano said when asked if there are efforts from the Bureau of Immigration, an attached agency of the DOJ, to stop ICC prosecutors from enter-ing the Philippines to conduct their investigation.

“There is no hostility between us and the international community and we don’t want to do anything that may indicate that. It’s just that, this decision by the ICC is, it pierces through our sovereignty and we don’t want that,” he added.

He emphasized, however, that the ICC no longer has jurisdiction over the Philippines, which has a working justice system.

The DOJ spokesman said the country’s cooperation with the ICC is out of respect for the process related to its investigation on the drug killings that some quarters believe were tantamount to crimes against humanity.

The ICC Pre-Trial Chamber I on Thursday, Jan. 26, authorized ICC prosecutor Karim Khan to proceed with the investigation of alleged crimes against humanity during the administration of former president Rodrigo Duterte in relation to his so-called war on drugs.

It was issued almost seven months after Khan requested the resumption of the preliminary investigation on June 24, 2022.

“It’s too early to make an assumption. The DOJ will always go where the evidence takes us. So, that’s always been the stand of the department: whatever is presented to us, that is where we’ll go,” Clavano said when asked if the government would submit former president Duterte and Sen. Ronald “Bato” dela Rosa to the ICC’s probe.

No ICC jurisdiction

But he made it clear nobody in the country would be put under ICC’s jurisdiction.

“We don’t want to name names but nobody will be put under the jurisdiction of the ICC. If the country itself is not under the jurisdiction of the ICC, then why would an individual be? We want to protect our process, we want to protect our government and we want to protect our countrymen,” he pointed out.

The campaign against illegal drugs was the centerpiece program of the Duterte administration. Sen. Dela Rosa was its chief implementer when he was still chief of the Philippine National Police (PNP).

Remulla on Friday, Jan. 27, said he felt insulted by the ICC’s decision to allow its prosecutors to proceed with their probe on Duterte’s drug war.

Clavano said the ICC has no right to criticize the country’s justice system or dictate on the government the steps it should take to address the problem.

“It’s not for them to say because they are miles and miles away and the people who should know best are the government officials here in the Philippines who are involved in the investigation,” Clavano said.

Chief Justice Alexander Gesmundo, for his part, said that he does not want to meddle in the ICC issue as he emphasized that it is a legal issue best addressed in court.

Dela Rosa, in an interview over radio dwIZ, maintained that the Duterte administration launched the anti-drug war to save humanity from the drug menace.

“I will tell them all the accusations you have on the table against president Duterte are completely untrue,” Dela Rosa said, referring to the ICC.

While acknowledging abuses committed by the police, he stressed that “those who abused were held accountable. And if there are other abusers, we will hold them accountable for it.”

He said it was unfair to conclude that those who were killed in the drug war were victims of abuses.

“Don’t make sweeping statement. There were policemen hurt and even killed as part of the drug war… We launched the war on drugs to save humanity against drugs,” the senator said.

He said the ICC does not need to conduct an investigation since the justice system in the country is working.

“But let’s see how far their interference would go. Let’s wait and see what the consequences are because we know that our government is consistent in its position not to allow them to proceed with their investigation, here in our jurisdiction,” he added.

He said he is ready to face whatever accusations are leveled against him. “I know where I am now, I know my stand, I am ready to defend myself, legal defense,” he said.

He also accused critics of the Duterte administration of “weaponizing” the ICC. “It’s obvious. Who filed this complaint, not the family but the critics of president Duterte. We know this is politics,” he said. “Complainants were brought in, people did not complain here locally,” he pointed out.

“In the eyes of God, of the people, Filipino people, we did nothing wrong. We don’t have our own agenda, our agenda is for the youth to save them from drugs, we don’t deny the abuses, but we acted on them,” he added.

Openness

The Commission on Human Rights (CHR), meanwhile, said the Philippine government should view the ICC move as an opportunity to show openness, transparency and commitment to uphold human rights and the rule of law.

In a statement, the commission noted President Marcos’ earlier commitment in ensuring a “high-level of accountability” for human rights issues and violations during his term.

“CHR acknowledges that there are present efforts being done by the current administration of President Ferdinand Marcos Jr. in improving the human rights situation in the country. The ICC investigation is an opportune occasion for the present government to take the right track in upholding its human rights obligations, especially for those wronged and violated,” it said.

“Let this development be a chance for the Philippines to demonstrate openness and transparency as part of the fraternity of nations that values human rights and the rule of law,” it added.

In its ruling, the ICC Pre-Trial Chamber said that “the various domestic initiatives and proceedings relied on by the Philippines do not amount to tangible, concrete and progressive investigative steps being carried out with a view to conducting criminal proceedings.”

The Marcos administration, particularly Solicitor General Menardo Guevara, vowed to appeal the decision.

Albay Rep. Edcel Lagman said the Philippines should submit to the jurisdiction of the ICC as “a legitimate member of the world community.”

“The rule of law is not limited to parochial confines. It must conform to the world order,” he noted in a statement.

“Perforce, the Philippines must submit to the jurisdiction of ICC’s prosecutors over crimes against humanity consequent to the brutal anti-narcotics campaign which were committed prior to the withdrawal of the Philippines from the Rome Statute on 17 March 2018,” he added.

According to Lagman, the Philippines cannot invoke the principle of complementarity, which respects the jurisdiction of national courts.

“The alleged principal culprit, former president Duterte, has not been investigated by local authorities nor charged in Philippine courts even as other major reported offenders have eluded justice with impunity,” he explained.

Gabriela Women’s party-list Rep. Arlene Brosas also voiced support for the ICC’s move to resume the probe on the drug war killings.

Brosas said if the Philippine government has nothing to hide, “it must let the ICC conduct an investigation.”

“We remain firm in our stand that the government has no basis to appeal – local investigations are not enough. The ICC has every reason to resume its investigation with the overwhelm-ing number of evidence and statements from the victims’ families,” she added.

“While we think that the Marcos administration will resist the ICC probe, we are still hoping that with the resounding calls from the Filipino people to resume the drug war, the government will be compelled to let the investigation continue,” she added.

Brosas also called on the PNP to defer its move to “revamp and push involved PNP officers to retire.” – With additional reports from Janvic Mateo, Sheila Crisostomo