Malacaῆang on Thursday (Sept. 16) said it will not cooperate on the decision of the International Criminal Court’s (ICC) to begin an investigation on the country’s war on drugs.
Speaking in his Thursday briefing, Presidential Spokesperson Harry Roque said the ICC has no jurisdiction over the Philippines since the end of its membership last 2019.
“Wala pong reaksiyon ang Presidente dahil sa mula’t-mula niyan, sinasabi niya na siya ay mamamatay muna bago siya haharap sa mga dayuhang mga huwes,” he said. “Kung mayroong reklamo, dapat dito isampa sa Pilipinas, dahil ang ating mga hukuman ay gumagana.”
The ICC announced on Sept. 15 that its pre-trial chamber has approved the recommendation of former ICC prosecutor Fatou Bensouda to investigate the drug war in the Philippines.
The ICC said the “Chamber found that there is a reasonable basis to proceed with an investigation” as “specific legal element of the crime against humanity of murder” has been met.
The ICC was referring to the alleged killings in the nationwide anti-illegal drugs crackdown between July 1, 2016 and March 16, 2019, and the alleged killings in Davao between November 1, 2011 and June 30, 2016.
Roque said he believes the investigation will not progress due to cooperation.
“Ang problema eh kung hindi na tayo miyembro at wala ng duty to cooperate, paano sila makakakalap ng ebidensiya?… Iyan ang sinasabi mismo ng ICC pre-trial chamber na dapat iyong prosecutor eh huwag magtuloy sa imbestigasyon kung hindi naman magreresulta sa satisfactory at successful prosecution,” he said.
“Ang aking prediksyon po, matutulog lang po iyang kasong iyan dahil in the absence of cooperation, lalung-lalo na sa kapulisan eh wala po talagang ebidensiya na makakalap,” he added.
Interior Secretary Eduardo Aῆo said the Philippine National Police (PNP) is ready to face any probe, but the decision is up to President Rodrigo Duterte.
“The PNP is prepared for any investigation but this is a policy matter where only the President has the authority to decide whether to allow a non-local inquiry or not. Hence we shall abide the guidance of the President,” he said.
Presidential Chief Legal Counsel Salvador Panelo also questioned the timing of the ICC, saying that “ICC is being utilized as a political and propaganda apparatus by those usual suspects who will do anything to dethrone the President from his seat.”
Meanwhile, the Commission on Human Rights (CHR) said during its budget hearing on Thursday that it has not yet received a formal letter from the ICC.
“That is a matter entirely within the control and operations of the International Criminal Court as such. There is no direct or immediate relationship of the work with the operations that will be undertaken by the Office of the Prosecutor as it conducts its investigation,” CHR chairperson Chito Gascon said. – Report from Bea Bernardo/AG-rir
