The International Criminal Court (ICC) cannot make “coercive actions” related to its ongoing investigation into former President Rodrigo Duterte’s war on drugs as the Philippines is no longer a party to the treaty that created the tribunal, according the Department of Justice (DOJ) said.
At a news forum on Saturday, DOJ Undersecretary Raul Vasquez said that while representatives of the ICC can come into the country, the international tribunal cannot take certain actions, such as arresting or issuing subpoenas against those under investigation.
“Anybody, any foreigner can come here but as to whether they can do certain coercive actions, that cannot be done,” Vasquez said, adding that “once they do that they would have to face the consequences of being dealt with by the law enforcement agencies.”
“Ano ‘yung mga coercive actions? Mag-aresto sila ICC? Hindi puwede. That would be a serious affront to our independence and sovereignty. Magpadala ng subpoena? Hindi rin sila puwede dahil hindi na nga tayo saklaw, eh,” he said.
(What are those coercive actions? Can the ICC make an arrest? They cannot. That would be a serious affront to our independence and sovereignty. Issue a subpoena? They’re also not allowed because we are no longer under their jurisdiction.)
The Philippines, under then-President Duterte, withdrew from the Rome Statute, the treaty that established the ICC, in 2019 after the tribunal began a probe into his administration’s drug war.
Vasquez made the pronouncement after Justice Secretary Jesus Crispin Remulla said that the Philippines would not block the International Criminal Police Organization (Interpol) should it be tapped to implement the ICC’s possible arrest order against the personalities involved in the drug war.
Remulla, however, said that the government would still “study the possibilities or the implications of dealing with the Interpol on this matter.”
Vasquez, likewise, said that the Interpol implementing the ICC’s arrest order in the Philippines “is a very fertile source of discussion.”
The DOJ also clarified that the ICC and Interpol are two separate bodies.
Should the Interpol implement an arrest order in the Philippines, Vasquez said this would still undergo a process.
“Ang sistema ay magre-request lang ng assistance ‘yung mga law enforcement para ipatupad ‘yung WOA (warrant of arrest) na in-issue ng mga judicial authorities ng requesting country,” he said.
(The system in place is that law enforcement units request assistance in enforcing a WOA which was issued by judicial authorities of the requesting country.)
“Now, kapag nag-request ‘yung requesting party or country sa isang requested party or country ay ipapatupad ‘yan, ipapadaan mo sa tamang proseso,” he added.
(Now, if a party or country requested their counterparts to enforce that, this would undergo the proper process.)
Remulla earlier confirmed that the Philippine government received a request from the ICC to help it in interviewing “five persons.”
The Justice chief also maintained that the Philippines has no obligation to cooperate with the ICC because the country has withdrawn from the tribunal.
When asked if the Philippine government formally denied the ICC’s request to help, Remulla reiterated that the government only took “note” of it.
Meanwhile, Senator Ronald ”Bato” dela Rosa lauded the DOJ’s stand questioning the ICC’s jurisdiction.
“We are not obliged to serve any warrant being issued by the ICC. Kung ang Interpol naman ay nilapitan ng ICC, ang Interpol naman ay walang sariling pulis. At kung gagamit sila ng ibang pulis sa ibang bansa na papasukin dito, malaking giyera ‘yan. Hindi papayag ‘yung ating kapulisan at ‘yung ating kasundaluhan na mag-interfere sila sa soberanya ng ating bansa,” said Dela Rosa, who implemented Duterte’s drug war as Philippine National Police chief from July 2016 to April 2018.
(We are not obliged to serve any warrant being issued by the ICC. If the Interpol was approached by the ICC, the Interpol does not have their own police. And if they used the police of another country to come here, that would be a big war. Our police and soldiers will not allow them to interfere with the sovereignty of our country.)
Dela Rosa said that he hoped President Ferdinand Marcos Jr. would stick to his promise that the Philippines would not cooperate with the ICC.
“I’m not sure kung ano talaga ang definite stand ng ating gobyerno. Kung ganito na iba ang sinasabi ng Pangulo, iba ang sinasabi ng gabinete niya ay tila baga dalawa lang ang posibleng nangyayari dito ngayon. Tila baga wala nang kontrol ‘yung ating Pangulo sa gabinete o ang Pangulo mismo ang nagdo-double talk kung ito ay merong basbas,” he said in a radio interview on Saturday.
(I am not sure what exactly is the definite stand of our government. If this is really what the President said and his Cabinet is saying a different thing, then it seems like there are two possible things happening here. It’s like our President has no control over his Cabinet or the President himself engages in double talk if it has his blessing.)
“I am hoping that the words of the President shall prevail at magsalita siya uli at sabihin niya kung ano ang stand ng ating gobyerno. (And he would clarify again what the stand of our government is.) After all, the buck stops at him being the chief executive,” he added.
Dela Rosa said that should the ICC investigate, they would not find any evidence to implicate him.
“I am 100% confident. Dahil nga kung ‘yung mga kaso na pinagbabanggit nila, kung hindi nga ‘yan makapasa as a plain murder case against sa ating mga pulis dito sa ating local courts, how much more doon sa ICC? Pero kung merong lumabas talaga na totoong murder, then papanagutin natin,” said Bato.
(I am 100% confident. In the cases they are talking about, if this does not pass as a plain murder case against our police here at the local courts, how much more with the ICC? But if there was actual murder, then there must be accountability.)
“Wala naman akong dapat paghandaan dahil alam ko naman ang katotohanan, alam ko what is right, what is wrong. Hindi naman tayo gustong magpalabas ng ideal scenario na kailangang favorable on our part. (I don’t have anything to prepare for because I know the truth; I know what is right and what is wrong. We don’t want to present an ideal scenario favorable on our part.) I just have to tell them what the truth is. Kung gusto nilang malaman ang katotohanan (If they want to know the truth) then talk to me, and I will tell you what’s the truth and what is really happening in the Philippines. I do not recognize their jurisdiction over the Philippines or over my own person,” he said. — with Jiselle Anne Casucian/VDV/VBL, GMA Integrated News
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