By NG Seruela
Presidential Spokesperson Harry Roque said that the International Criminal Court’s (ICC) decision to move forward into a formal investigation against President Rodrigo Roa Duterte is “legally erroneous” and “politically motivated.”
ICC Prosecutor Bensouda concluded her preliminary examination against President Duterte for the alleged crime of crimes against humanity. She will now seek judicial authorization from the pre-trial chamber of the ICC to formally conduct an investigation.
In his public briefing on Tuesday (June 15), Roque explained that the ICC’s process is “legally erroneous” because the ICC has “no jurisdiction over the subject matter of crimes against humanity as alleged” in ICC Prosecutor Fatou Bensouda’s information against the Philippine President.
He asserted that the case “is barred by the principle of complementarity.”
“Ang sinasabi po ng prinsipyo ng complementarity, “The ICC will not exercise jurisdiction unless the member state is unable or unwilling to prosecute.” Kapag sinabi pong unable, ibig sabihin, walang estado, walang hukuman, walang pulis na gumagana; it is a failed state,” Roque said.
“At ang pinaka-importanteng punto na dapat maintindihan ng lahat ay dahil gumagana po ang mga institusyon natin dito sa Pilipinas. Mayroon po tayong independiyente, impartial at kumpitenteng mga hukuman; mayroon po tayong mga piskalya na naglilitis po ng mga patayan dahil nga po dito sa drug war.”
The Presidential spokesperson also claimed that the investigation is “not pursuant or in aid of substantial justice” because the Philippines is not a member of the ICC. President Duterte withdrew the Philippines from the ICC that took effect on March 17, 2019.
“Ang karapatan at ang kakayahan ng hukuman para mag-imbestiga, upang magsampa ng kaso ay nakasalalay sa kooperasyon ng estado.”
Roque also asserted that the process is “politically motivated” because the basis of the evidence will be from the enemies of the state. He also branded the process as a “political issue.”
“Kung sila ay magsasampa ng kaso, ang basehan ng ebidensiya lamang nila ay ebidensiya na ibinigay ng kaliwa…Which brings me to the last point: Sino bang naghain niyang kasong iyan? Hindi ba ngayon gustong tumakbo ng presidente o bise presidente. Hindi ba pulitika ang dahilan kung bakit isinampa ang kasong iyan?”
Meanwhile, Bensouda initially pointed out that she has a reasonable basis to believe that there has been a crime against humanity in the country from July 2016 to March 2019.
“I have determined that there is a reasonable basis to believe that the crime against humanity of murder has been committed on the territory of the Philippines between 1 July 2016 and 16 March 2019 in the context of the Government of Philippines ‘war on drugs’ campaign.”
Secretary Roque said that he is “confident” that the ICC pre-trial chamber will reject Bensouda’s request for a formal investigation due to the principle of complementarity.
In relation to this, the Commission on Human Rights (CHR) said that, as the country’s independent national human rights institution, it continues to advise the present Philippine government to participate in this process of seeking truth and justice for the human rights violations committed in the country.
“There is a need for the present administration to demonstrate genuine openness, transparency, and cooperation in its engagement with human rights investigation and accountability mechanisms, including that of the UN system, in improving the human rights situation in the country.”
However, Presidential Spokesperson Roque firmly asserted that the President will not cooperate with the ICC on the matter. -rir
