Senator joins calls for Marcos gov’t to cooperate with ICC probe of Duterte
AN OPPOSITION senator has filed a resolution urging the government of Philippine President Ferdinand R. Marcos, Jr. to cooperate with the International Criminal Court’s (ICC) investigation of his predecessor’s deadly drug war.
“The Philippines has historically been at the forefront of advancing humanitarian law and international justice, and it is high time that we affirm our commitment to these values before the international community,” said Senator Ana Theresia N. Hontiveros-Baraquel, who filed Senate Resolution 867.
The senator, a member of the minority bloc, said the Constitution commits the Philippines to “value the dignity of every human person and guarantee the full respect for human rights.”
Similar resolutions have been filed at the House of Representatives.
Senator Ronald M. dela Rosa, who enforced the anti-illegal drug drive as Mr. Duterte’s national police chief, told a news briefing he expected opposition lawmakers to file the resolution but does not expect it to gain traction.
On Monday, he said the government should first resolve sovereignty issues involving the ICC before rejoining the tribunal.
The Philippines under ex-President Rodrigo R. Duterte withdrew from the ICC in 2019 amid criticisms that his government systemically murdered drug suspects in police raids. It took effect a year later.
The Supreme Court in 2021 ruled the government must cooperate with court processes that started before it canceled its membership in the ICC.
Senator Maria Imelda “Imee” R. Marcos, sister of the President, accused Ms. Hontiveros-Baraquel of stirring up trouble. “So they really want trouble?” she asked. “Well, PRRD (President Rodrigo R. Duterte) has said ‘Bring it on!’ But the decision to cooperate or not is one for the Executive, and my brother, the President of the Philippines, has already made it clear that the ICC has no jurisdiction to conduct the probe. I share that view.”
The Marcos government appeared to be shifting its stance and would probably end up giving up Mr. Duterte to ICC investigators, political analysts said at the weekend.
Mr. Marcos on Friday said his government is considering rejoining the ICC, which is investigating Mr. Duterte for alleged “crimes against humanity.”
“Should we return under the fold of the ICC? So that’s again under study,” he told reporters. “So we’ll just keep looking at it and see what our options are.”
Manila Rep. Bienvenido M. Abante, Jr., Party-List Rep., France L. Castro and Albay Rep. Edcel C. Lagman earlier filed separate resolutions urging the state to cooperate with the ICC probe.
Mr. Marcos had ruled out cooperation with the international court, saying its probe violates Philippine sovereignty given the country’s fully functional justice system.
NO CHANGE
Last week, his daughter, Vice-President Sara Duterte-Carpio said allowing the ICC to probe crimes committed in her father’s deadly war on drugs would undermine the Philippine justice system.
Meanwhile, the Department of Justice (DoJ) said its stance against the ICC investigation was unchanged.
“Our stance remains that the ICC has no jurisdiction, although, we will be open if we see any changes in policy,” Justice Assistant Secretary and spokesman Jose Dominic F. Clavano IV told state-run media PTV in Filipino.
He made the remarks after Ms. Dutere-Carpio asked the agency to reaffirm its position on the matter. She told reporters on Monday her office would continue to reach out to the DoJ regarding the ICC investigation on her father’s drug war.
“There is really no need to request it because the DoJ’s stance has not changed,” Mr. Clavano said, adding that DoJ is only studying the case because there are calls from the House of Representatives to allow the ICC probe
“It is also our job to listen to a co-equal branch of the government.”
Justice Secretary Jesus Crispin C. Remulla said last week the ICC probe “needs a serious study” because the Philippines is no longer a member.
When asked about the possibility of the Philippines returning to the ICC treaty, Mr. Clavano said in Filipino: “We don’t want to look like turncoats. We need to be deliberate, and we should carefully study it so that our decision does not adversely affect our country.’
Ms. Hontiveros-Baraquel said the President’s recent statement offers hope for families of drug war victims.
“The best way for Malacañang to show its commitment to upholding human rights is to work with the ICC in securing justice for victims of human rights violations, and in upgrading mechanisms of human right protection in the Philippines,” she added.
Senate President Juan Miguel F. Zubiri said it would be up to the President whether to rejoin the ICC.
“It is the decision of the President of the republic, being the Chief foreign policy maker of our country,” he said in a statement. “He alone makes that decision and everything else is just noise.”
The Hague-based tribunal, which tries people charged with crimes against humanity, genocide, war crimes and aggression, earlier said it was not satisfied with Philippine efforts to probe human rights violations during the campaign.
The Philippines has accepted 200 recommendations from the UN Human Rights Council, including investigating extralegal killings and protecting journalists and activists.
More than 30 member-states of the United Nations (UN) Human Rights Council in November last year urged the Philippines to do something about extralegal killings in connection with Mr. Duterte’s anti-illegal drug campaign.
The Philippine government estimates that at least 6,117 suspected drug dealers were killed in police operations. Human rights groups say as many as 30,000 suspects died. — John Victor D. Ordonez and Jomel R. Paguian