PH gov’t ‘disappointed’ over ICC decision junking appeal vs drug war probe
MANILA, Philippines – The Office of the Solicitor General (OSG), which represents the Philippine government in the International Criminal Court’s (ICC) proceedings, expressed disappointment after the ICC junked its appeal against the probe into drug war killings under former president Rodrigo Duterte.
“The Office of the Solicitor General is disappointed in today’s judgment issued by the Appeals Chamber of the ICC,” the OSG said in its statement issued on Tuesday evening, July 18.
The OSG added that the ICC appeals chamber “in effect, refused to recognize the Philippine Government’s primary and sovereign right to investigate serious crimes, in derogation of the complementarity principle so fundamental to the working of the international criminal justice system of which the ICC forms part.”
It added the Philippines continued to submit data to the ICC’s office of the prosecutor and pre-trial chamber “not out of any legal obligation but purely on the basis of comity, consonant with its assertion of sovereignty.” The Philippine government said that its submissions contained the “internal investigation and prosecution activities” led by the government in relation to its anti-illegal drug campaign.
“The Chamber’s majority conveniently brushed this aside and worse, they refused to consider the Philippines’ jurisdictional challenge on the ground that the Impugned Decision of the Pre-Trial Chamber is not a decision on jurisdiction,” the OSG added.
The OSG is currently headed by Solicitor General Menardo Guevarra, former president Rodrigo Duterte’s Department of Justice (DOJ) chief.
On Tuesday afternoon (Manila time), the ICC appeals chamber announced its decision, junking the Philippine government’s appeal. Three out of five judges moved to reject the appeal and said that it had unclear details.
In a separate statement, Duterte reiterated his earlier narrative that only local courts can decide on crimes committed in the country. The war on drugs under probe, which killed around 27,000 people, including the crimes of the so-called Davao Death Squad, occurred under Duterte’s watch as president and Davao City mayor.
“FPPRD (former president Rodrigo Roa Duterte) has shrugged off the ICC’s decision dismissing the Sol-Gen’s appeal from an Order of the ICC Pre-Trial Chamber authorizing the ICC to pursue Preliminary Examination on the Drug War. FPRRD has always maintained that as an independent and sovereign state, only Philippine courts can try any crime committed in PHL territory,” Duterte said through his former spokesperson, Harry Roque.
“He has time and again said that because of this, he will face all his accusers anytime but before Philippine courts and before Filipino Judges only,” Roque said of the former president, who is at the center of the probe.
No cooperation from PH
In a press briefing on Monday, DOJ Secretary Jesus Crispin “Boying” Remulla said that although Filipinos are a “very hospitable people,” the ICC is not welcome in the Philippines.
“Tayo po ay very hospitable people kaya lang pagka pakikiaalam na ang gagawin nila ay hindi po tayo papayag sapagkat may sarili tayong sistema ng batas, may sarili tayong tradition, may sarili tayong kapulisan, may sarili tayong prosecution. Meron tayong korte na hindi nila puwedeng pakialaman o kaya balewalain,” Remulla told reporters.
(We Filipinos are a very hospitable people but if they will try to intervene, we will not allow it because we have our own system of laws, our own tradition, police, and prosecution. We have our court that they cannot intervene in or disregard.)
On various occasions, the ICC prosecution repeatedly said that it cannot see genuine local investigations into the drug war killings. Out of the thousands killed, there are only three known convictions so far – and this only includes the high-profile drug war cases.
When asked if the Philippines will comply if the ICC issues a warrant, the DOJ chief replied: “Hindi. Wala silang gagawin dito eh. Wala silang kinalaman sa atin dito. At ano gagawin nila, papasukin nila tayo? (No, they have nothing to do here. They have no business here. And what will they do, will they trespass?)
To enforce warrants, the ICC relies on the cooperation of nations, especially its member-states. And the issuance of an ICC warrant will test President Ferdinand Marcos Jr.’s administration, especially his ties with the Dutertes. – Rappler.com