Philippines Considers “Outright Confrontation” With International Criminal Court Investigators

23-7-2023 (MANILA) The Philippine government is contemplating “outright confrontation” with prosecutors from the International Criminal Court (ICC) if they insist on entering the country to investigate alleged extrajudicial killings perpetrated by security forces during the Duterte administration’s war on drugs. This statement was made by Department of Justice (DOJ) Senior Undersecretary Raul Vasquez at the Saturday News Forum in Quezon City.

Vasquez asserted that the government might prevent ICC investigators from entering the country, although he mentioned the possibility of allowing their entry “subject to limitations” based on arrangements with the government. Ultimately, the decision lies with President Marcos, the chief policymaker.

At present, President Marcos has opted not to engage with the ICC, indicating that the Philippines will not coordinate with or permit the ICC to conduct investigations within its borders.

This decision came after the ICC dismissed a government appeal and proceeded with its investigation into the drug war killings. The Philippine government staunchly opposes the ICC’s jurisdiction over the country and refuses to cooperate in any way or form.

Justice Secretary Jesus Crispin Remulla, however, stated that the government remains open to dialogue with the ICC, depending on the agenda.

With the rejection of the government’s appeal, ICC Prosecutor Karim Khan and his team can continue gathering evidence and seek the issuance of arrest warrants or summonses if they find substantial grounds to do so.

Vasquez clarified that the ICC lacks an enforcement mechanism and would need assistance from its member-states in enforcing decisions or investigating crimes. Since ICC prosecutors are not members of the Philippine law enforcement, they have no authority to conduct investigations within the country.

Critics of the government’s stance argue that non-cooperation with the ICC insults the victims of extrajudicial killings and displays weakness and duplicity on the international stage. Lawyer Kristina Conti, who assists the families of victims of drug war killings, emphasized that the Marcos administration must commit to investigating Oplan Tokhang and the role of former President Duterte in these killings.

Failure to do so, she stated, implies that the government aims to shield perpetrators of crimes against humanity and other atrocities. Moreover, ignoring the processes of an international tribunal joined by 123 states could harm investor confidence and international support for the Philippines in the long run.

Various groups, including the Commission on Human Rights (CHR), have urged the government to cooperate with the ICC investigation, viewing it as an opportunity to ensure accountability for human rights violations during the Duterte administration.

Meanwhile, Senator Ronald dela Rosa has been advised to remain calm in the face of possible arrest by the ICC for his alleged role in the drug war. He expressed confidence that he won’t be arrested in the Philippines, even by Interpol, as the country has decided not to cooperate with the ICC. Senator Francis Tolentino also expressed confidence in winning the case before the ICC.