20-7-2023 (MANILA) Justice Secretary Jesus Crispin Remulla has offered advice to former President Rodrigo Duterte and Senator Ronald “Bato” dela Rosa, cautioning them against traveling to countries where the International Criminal Court (ICC) may exert its influence. This comes in the aftermath of the ICC’s ruling on July 18, authorizing an investigation into Duterte’s war on drugs, known for its brutality and thousands of deaths.
Remulla, speaking at a press briefing, emphasized that in their home country, the ICC cannot intervene. However, he advised them to steer clear of European nations where the ICC’s jurisdiction might apply. Both Duterte and Dela Rosa are citizens of the Philippines and, as such, deserve the country’s protection. Remulla asserted the importance of advising them properly, ensuring they are aware of potential challenges they may encounter during international travels.
Dela Rosa, as the former chief of the Philippine National Police and the architect of the infamous “Oplan Tokhang” – Duterte’s bloody antidrug campaign – faces possible investigation and charges in the ICC for alleged crimes against humanity. The investigation aims to shed light on the drug war’s extrajudicial killings, primarily affecting impoverished drug suspects.
The ICC’s Appeals Chamber voted 3-2 to dismiss the Philippine government’s appeal to halt the ICC prosecutor’s investigation into the drug campaign, confirming the Pre-Trial Chamber’s previous decision. The government had raised questions about the ICC’s jurisdiction after withdrawing from the Rome Statute, the treaty establishing the ICC, in 2018. Despite the withdrawal, the ICC maintains jurisdiction over crimes committed before the Philippines’ departure from the treaty.
While Remulla expressed disappointment with the ICC ruling, he reiterated the government’s stance of no longer engaging with the ICC. He emphasized that the Philippines possesses a functional justice system and will not allow any external interference with its established processes. The Justice Secretary argued that the ICC is necessary in countries lacking a working government or justice system, citing Somalia, Haiti, and Afghanistan as examples.
The Senate leadership has vowed to support Dela Rosa should the ICC issue an arrest warrant. Senate President Juan Miguel Zubiri asserted that Dela Rosa would remain a respected working member of the Senate without a local court-issued warrant. However, the Senate would not interfere if Philippine courts indicted Dela Rosa for his role in the drug war, as seen in the cases of former Senators Antonio Trillanes IV and Leila de Lima.
Senator Risa Hontiveros urged President Duterte to prioritize the country’s interest over political alliances and cooperate with the ICC’s investigation to ensure true justice prevails.
The Philippine National Police stated that it would follow the national government’s instructions regarding cooperation with the ICC. If the government’s stand is to refrain from cooperating, the PNP would fully support this decision.
The PNP clarified that it would not submit any documents or case folders related to antidrug police operations and drug-related deaths to the ICC without proper channels or direction from the national government. The PNP is prepared to provide information when directed to do so.
While the government reported 6,252 deaths in legitimate drug operations during Duterte’s tenure, human rights groups suspect the actual death toll could be much higher, reaching up to 30,000, including victims of unidentified assailants and vigilantes. As the ICC investigation proceeds, the Philippines faces scrutiny from the international community, and the government’s response will determine its stance on accountability and justice for the victims of the war on drugs.
