ICC welcomes PH’s openness to probe drug war killings under Duterte

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THE International Criminal Court yesterday welcomed the openness of the Philippines to its investigation into alleged extrajudicial killings and other abuses under former President Rodrigo Duterte’s anti-drug war.

“The Office welcomes cooperation from State Parties and looks forward to further exchanges with all relevant stakeholders, including national authorities, civil society, and others,” the ICC said in a brief statement.

The statement followed Justice Secretary Jesus Crispin Remulla’s comments last week indicating that the Philippine government is open to “limited cooperation” with the ICC investigation.

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Remulla added that while the Philippines rejoining the ICC is “another question,” the Marcos administration is “starting to explore the limits of non-membership to the ICC and the extent of crimes committed prior to the withdrawal.”

He also said the government “will talk to them (ICC) soon in a very well-defined manner in the spirit of comity” and that “there are certain areas (where) we can cooperate.”

He added that the cooperation with ICC is allowed under Philippine laws, adding that ICC representatives have been going in and out of the country “without us raising anything.”

Duterte withdrew the Philippines from the Rome Statute that created the ICC in 2019 but the international court stressed that it has jurisdiction to investigate extrajudicial killings and other abuses committed before Manila’s withdrawal, while it was still a member.

Aside from Remulla, Executive Secretary Lucas Bersamin said any cooperation by the Philippines with the ICC’s drug war probe on the former president would depend on the action by the International Criminal Police Organization or Interpol.

“If the ICC makes a move, and courses the move through the Interpol, and the Interpol makes the request to us for the arrest of delivery of the custody of a person subject to ICC jurisdiction, we will respond favorably or positively to the Interpol request,” Bersamin said.

Duterte has offered no apologies for those killed during anti-drug operations during his term. He also said he is ready to face any ICC investigation.

DELA ROSA’S STAND

Sen. Ronald dela Rosa, the first national police chief during Duterte’s administration and one of the former officials the ICC has sought to interview, yesterday insisted that the international court no longer has jurisdiction in the Philippines following Manila’s withdrawal from the Rome Statute.

“Hindi naming sila mako-control,” he said, referring to the government. “Kung i-engage nila, sige lang, go ahead, basta ako solid yung aking paniniwala na walang jurisdiction ang ICC sa ating bansa (We cannot control them. If they want to engage them [ICC], go ahead but for me, I strongly believe that the ICC has no more jurisdiction in the country).”

He said the ICC can enter the Philippines but they will go to the Supreme Court to seek judicial relief.

He added that the ICC jurisdiction is questionable as he noted the dissenting opinion of two ICC Appeals Chamber judges on the request for authorization to investigate when the Philippines was no longer a party to the Rome Statute.

Dela Rosa said the ICC should stay out of the country since the Philippines has a working justice system.

“Leave us alone. We can do our job here,” Dela Rosa said. 

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