Remulla: ICC has to go to PH courts before enforcing an arrest warrant

ICC PROBE. Justice Secretary Jesus Crispin Remulla briefs senators on the proposed P40.5 billion budget of his department and its attached agencies in 2025. During the budget deliberation on Wednesday (Aug. 28, 2024), Remulla clarified that the International Criminal Court (ICC) has to go to Philippine courts first when enforcing an arrest warrant in the country. (Photo courtesy of the Senate of the Philippines)

By Wilnard Bacelonia | Philippine News Agency

Department of Justice (DOJ) Sec. Jesus Crispin Remulla clarified on Wednesday that investigators of the International Criminal Court (ICC) have to go to local courts first when enforcing a warrant of arrest in the Philippines.

Remulla made the clarification when asked by Sen. Grace Poe during the budget deliberation of the DOJ about his position on the supposed arrest warrant issued by the ICC against former president Rodrigo Duterte and others for alleged extrajudicial killings in the previous administration’s campaign against illegal drugs.

“You have maintained that the International Criminal Court has no jurisdiction here, but you also reiterated that although you will not cooperate with them, you will not hinder them from conducting their investigation,” Poe said.

“We are no longer a member of the ICC, but right now, because of the technology that is available to all of us, it would be easy for them to go on Zoom, video call. With all of these probable witnesses who are here in the country, we cannot stop them from doing that. Freedom of communication, I think, is paramount when it comes to this,” Remulla responded.

“Kung gusto po nilang pumasok dito upang manghuli at magsagawa ng warrant na inisyu siguro ng ICC pagdating ng panahon, kailangan po itong dumaan sa ating court system. Ito po ay kinakailangan ng isang aksiyon to enforce a warrant, a judgment,” he added.

Remulla explained that the Interpol (International Criminal Police Organization) can also enforce the arrest warrant in the Philippines, but it also needs to pass through the local courts.

“There are some things that the Supreme Court would be looking at: if what was alleged in the crime would have happened when we are still a member of the ICC. That is one of the things that can be of importance to the courts when they will actually allow a warrant to be served in our country from an international tribunal,” he explained.

Senator Ronald “Bato” Dela Rosa, who is one of the accused in the ICC investigation, was relieved when asked to comment about Remulla’s clarification.

“Very good. That’s [a] good development, kung ganoon ang kaniyang sinabi, maganda ’yan. I’m happy that they are defending their turf and they are defending our sovereignty, our jurisdiction,” dela Rosa said in an ambush interview.

Along with Duterte and Dela Rosa, retired police Gen. Oscar Albayalde was also included in the ICC investigation for their alleged involvement in the killings of drug suspects during the previous administration’s narcotics crackdown.

The top cop-turned senator has repeatedly refused to cooperate with the ICC and has urged the Senate to pass a bill banning the extradition of Filipino suspects to the ICC.

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