THE United Nation (UN) Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression has called on the Philippine government to return to the Rome Statute that established the International Criminal Court (ICC) and to ratify international human rights treaties.
Manila withdrew from the Rome Statute in 2018, which was formalized in 2019, after the ICC opened an investigation into alleged extrajudicial killings related to the brutal crackdown on illegal drugs carried out during the administration of former president Rodrigo Duterte.
Ironically, Duterte is now under ICC custody in the Netherlands where he is facing crimes against humanity charges.
Special Rapporteur Irene Khan made the call in a report on the Philippines that she made during the 59th session of the UN Human Rights Council in Geneva, Switzerland.
“In the light of the history of enforced disappearances, unlawful killings and persistent impunity in the Philippines, the Special Rapporteur encourages the Government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and to open discussions for re-accession to the Rome Statute of the International Criminal Court,” Khan’s report said.
“Both instruments would significantly enhance human rights protection and support the enjoyment of the right to freedom of expression,” it added.
In March this year, Justice Secretary Jesus Crispin Remulla said it would be up to Malacañang if it wants the Philippines to rejoin the ICC.
Remulla said the President is vested with the authority to deal with foreign states and governments, extend or withhold recognition, maintain diplomatic relations, transact the business of foreign relations, and enter into treaties such as the Rome Statute.
Khan also urged the Philippine government to do more to address problems such as the intimidation and harassment, threats to, and attacks on
journalists, human rights defenders, and civil society actors.
She said this can be done by carrying out “substantive legal, policy, and institutional reforms to address such issues.”
She said Manila has done many things to address such problems but more can be done.
“Since June 2022, the Government has taken some measures to end the horrendous attacks on human rights by the previous administration, especially on freedom of expression, but they have not been enough to turn the page decisively on the past,” she said in her report.
“Releasing those unfairly detained or prosecuted and completing the investigation into and prosecution of killings and enforced disappearances, including the cases raised by the Special Rapporteur in her communications, would send a strong signal of the Government’s readiness to move away from the past,” she added.
Khan also called on President Ferdinand Marcos Jr. to put an end to red-tagging against human rights defenders, members of the opposition, civil society groups, and the media.
The report said there are more than 450 red-tagging incidents in the Philippines that were identified in the first half of 2024 alone, 17 per cent of which targeted young people.
It said most – around 60 percent – of red tagging cases were attributed to government officials and members of the security forces.
Palace Press Officer Claire Castro said Malacañang
will look into Khan’s recommendations, saying that
the President is open to the idea of a possible return to the ICC.
“He is open [to the idea]. The last time we talked, we have already discussed it, he said he is open,” Castro said in Filipino.
She also said: “The UN rapporteur’s recommendation is a good one. It will be studied to determine whether the country should rejoin the ICC and ratify other international human rights laws.”
Castro and the Presidential Task Force on Media Security (PTFOMS) also both welcomed Khan’s recognition of the steps taken by the administration to promote press freedom and ensure the safety of journalists and the civil society sector in the country.
The PTFOMS, in a statement, said the Philippines recognize that certain challenges persist, including attacks on journalists, delays in investigations, and vilification campaigns that continue to threaten free expression and the safety of media practitioners but “despite these challenges, we are pleased to highlight significant progress in the media landscape.”
“PTFOMS remains steadfast in its commitment to implementing concrete reforms that align with international standards. We are actively working to enhance the capacity, independence, and institutional support for the Task Force while expanding collaboration with law enforcement agencies, the judiciary, media partners, civil society, and international partners,” it said.
100 DAYS IN DETENTION
Sen. Christopher “Bong” Go yesterday said he and other Duterte supporters will not cease from pressing the government into bringing him back to the Philippines from the Netherlands where he has been detained for 100 days.
“Hindi tayo titigil sa panawagan natin (We will not stop in our call): Bring him home! Sabi nga ni Tatay Digong (Tatay Digong has said), he is a Filipino and he loves the Philippines because it is the land of his birth. It is the home of his people,” Go said in a statement.
Go said Duterte only did what was best for the safety of Filipinos, thus only Filipinos must judge whether he erred in carrying out his job in ridding the streets of criminals and illegal drugs.
He likewise said that at 80 years-old, Duterte should be taken cared of by his children.
“That’s why I am calling on our countrymen to pray for Tatay Digong’s health, safety, and freedom. Let us not stop until he is finally back,” he said in Filipino.
Davao City Rep. Paolo Duterte urged the public not to forget the former president, calling his father a “patriot.”
“To every Filipino here and across the world: I ask you, from the deepest part of my heart, let us not forget him. Let us remember not just the leader, but the man — the father, the friend, the patriot who never turned his back on us,” he said in a statement.
As a son of the detained former president, the lawmaker said his pain is “immeasurable” because of his continued detention in the Netherlands.
“As a Filipino, the injustice is unbearable. He is not a criminal. He is a man who gave his life to serve this nation, who walked the most difficult paths so that we may live in peace, free from fear, and with dignity,” he said. “He stood up against the enemies of the Republic, and now he suffers alone — far from home, far from his people.”
“Tonight, and in the days to come, let us pray for his strength, for his health, and for his freedom. Light a candle, say his name, and let your love be felt across the walls of that foreign prison. We believe in justice. We believe in truth. And most of all, we believe that the Filipino people will never abandon those who fought for them,” he added.
OMBUDSMAN CASE
Meanwhile, the Office of the Ombudsman has granted Justice undersecretary Nicholas Felix Ty and Prosecutor General Richard Anthony Fadullon extra time to file their respective counter-affidavits to the allegations leveled them in the criminal and administrative complaints filed last May 2 by Sen. Imee Marcos.
The two DOJ officials were named co-respondents together with Justice Secretary Jesus Crispin Remulla, Interior Secretary Juanito Victor Remulla, retired PNP chief Rommel Francisco Marbil, former PNP Criminal Investigation and Detection Group (CIDG) director and now PNP chief Gen. Nicolas Torre III, and Department of Foreign Affairs (DFA) special envoy on transnational crimes Markus Lacanilao.
In the order issued on June 18, 2025, the Ombudsman approved the requested 15 days extension which gives the ty and Fadullon until June 27, 2025 to comply.
The Ombudsman said it will no longer entertain another motion of similar nature.
“In the same order, Senator Marcos, as head of the Senate Committee on Foreign Relations, is given a period of 10 days from receipt of Fadullon and Ty’s counter-affidavits to file a consolidated reply to all the respondents’ counter-affidavits,” it said.
Sen. Marcos has accused the respondents of allegedly violating due process in the arrest, detention, and turnover of the former president to the ICC last March 11.
She sought the indictment of the Cabinet officials and the PNP top brass for arbitrary detention, usurpation of judicial functions, violation of the Anti-Graft and Corrupt Practices Act (RA 3019), usurpation of authority or official functions, and false testimony and perjury.
A separate administrative complaint charged the same officials with grave misconduct and conduct prejudicial to the best interest of the service.
While Marcos administration cooperated in Duterte’s arrest by the Interpol and his subsequent turnover to the ICC, his elder sister took the stand that the Philippine government violated procedures in surrendering jurisdiction over the former president. – With Jocelyn Reyes, Raymond Africa, Wendell Vigilia and Peter Tabingo
