THE Marcos administration’s non-cooperation position on the drugs war probe being conducted by the International Criminal Court (ICC) remains unchanged, Communications Secretary Cheloy Garafil yesterday said after the Department of Justice (DOJ) announced it is preparing a legal brief for President Marcos Jr. on the matter.
“The President’s stance on the ICC remains clear and consistent,” Garafil stressed.
She said there was nothing wrong with the DOJ action because “it is the duty of the Department of Justice to explore all legal avenues and ensure that the President is fully informed of his options.”
“This is standard procedure, not a change in position, ensuring that our administration remains prepared for any scenario,” she added.
DOJ assistant secretary and spokesperson Jose Dominic Clavano on Wednesday they are preparing a briefer on the legal options that the President can review and use in relation to the ongoing probe of the ICC on the bloody anti-drug crackdown implemented during the administration of former President Rodrigo Duterte.
Clavano said the legal brief includes possible responses that Manila can use when the ICC issues warrants of arrest against Duterte and the other respondents, including Sen. Ronald dela Rosa and Vice President Sara Duterte, among others.
One of the legal options, he said, is the country’s return to the Rome Statute, which created the ICC. The Duterte administration unilaterally withdrew from as signatory to the Statute in 2018 after the cases were filed against the former president and other ranking Duterte officials supposedly involved in the implementation of the illegal drugs campaign.
The withdrawal became effective on March 2019.
The ICC, however, proceeded with its investigation, pointing out that its probe covers alleged crimes from November 1, 2011 to March 16, 2019 or before the Philippines’ withdrawal from the Rome Statute took effect.
Marcos has repeatedly said his administration will not cooperate with the ICC investigation, saying the internatial court no longer has jurisdiction over the Philippines because of its withdrawal from the Rome Statute and because the country’s justice system is fully functioning.
‘NORMAL COURSE’
Sen. Francis Escudero yesterday wondered why Clavano had to make public what the DOJ was doing in relation to the ICC probe, saying the preparation of the legal options is “in the normal course of things” that did not have to be highlighted.
In a Viber message, Escudero said: “This is all in the normal course of things in order to provide the President ‘CSW’ or complete staff work not only on this matter but, I suppose, in every matter that he has to decide on. What I don’t understand is why a prescon had to be called to announce something that is in the normal course of things.”
Besides, he added, Clavano’s announcement is “not helping cool down or mend tensions between the Dutertes and the Marcoses.”
Marcos and Duterte have been at odds lately after the former president started criticizing Marcos. The bad blood between the two leaders has even reached the personal level, with Duterte calling Marcos a drug addict.
The former president has again recently slammed Marcos after the city government of Dumaguete cancelled the rally permit it earlier issued to organizers planning a mobilization which Duterte was supposed to attend.
Duterte accused Malacañang of being behind the cancellation, an allegation denied by the city government, which said that it revoked the permit after learning that famous personalities will attend the rally, which it said cannot be securely handled by the local police. — With Raymond Africa
