MAKABAYAN bloc lawmakers yesterday filed a resolution opposing former president Rodrigo Duterte’s bid for interim release from his detention at The Hague in the Netherlands where he is facing trial for crimes against humanity.
Party-list Reps. Antonio Tinio (Alliance of Concerned Teachers) and Renee Co (Kabataan) filed House Resolution 9, which also opposes any bid for Duterte’s repatriation to the Philippines.
The resolution is entitled, “Expressing the sense of the House of Representatives to oppose efforts for the interim release and repatriation of Rodrigo Roa Duterte and to support his continued detention by the International Criminal Court with the goal of ensuring that justice be exacted for victims of his bloody war on drugs.”
“The House of Representatives, as duly elected representatives of the Filipino people, must stand in solidarity with victims of human rights violations – especially those committed by actors of the State itself – in pursuit of justice and accountability, the basic tenets of a democratic and humane society,” it said.
The militant lawmakers said Duterte’s detention is anchored on Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, which provides that “in the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime.”
The resolution said that the Philippine government “may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties.”
The Makabayan bloc lawmakers also invoked Article 127, Paragraph 2 of the Rome Statute which states that “[A State Party’s] withdrawal will not affect any cooperation with the [ICC] Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective.”
Duterte’s camp has been insisting that the ICC no longer has any jurisdiction over the Philippines after Manila withdrew from the Rome Statute that established the ICC in 2018. The withdrawal was formalized in March 2019.
The resolution likewise cited the Supreme Court decision in the Pangilinan v. Cayetano case in 2021, which states that “the International Criminal Court retains jurisdiction over any and all acts committed by government actors until March 17, 2019. Hence, withdrawal from the Rome Statute does not affect the liabilities of individuals charged before the International Criminal Court for acts committed up to this date.”
“Most notable of the reasons for Mr. Duterte’s continued detention is the false narrative purveyed by his family, allies, and supporters that he was ‘kidnapped’ or ‘abducted,’ thus attempting to discredit the grounds and process of his arrest in the first place,” it said.
Meanwhile, Palace press officer Claire Castro yesterday said President Ferdinand Marcos Jr. will consider the sentiments of the public when he reassesses the government’s position on the matter of rejoining the Rome Statute.
Based on the results of a survey conducted by OCTAResearch from April 20 to 24 this year, 57 percent of Filipinos support calls for the country to rejoin the ICC, while 37 percent are against it.
In reaction to the survey, Castro said: “Iyong mga ganitong sentimyento po ng ating mga kababayan ay dinidinig naman po ng ating Pangulo. So, tingnan na lamang po natin sa mga susunod na araw kung ano po ang magiging saloobin ng Pangulo sa pag-rejoin sa ICC (Our President is listening to the sentiments of our countrymen. We’ll see in the coming days what the President’s response will be when it comes to rejoining the ICC).”
She said there has been no recent discussions on the matter during her interactions with the President.
Castro has previously said that the President has expressed openness on the possibility of the Philippines rejoining the ICC following calls for the country to restore its past ratification of the Rome Statute.
Various sectors have been calling on Marcos to rejoin the Rome Statute following the arrest and surrender to the ICC of Duterte last March 11. – With Jocelyn Reyes
