Senate resolution filed vs ICC probe

MANILA, Philippines — Senators have filed resolutions strongly opposing the International Criminal Court (ICC)’s move to proceed with its probe on former president Rodrigo Duterte for alleged crimes against humanity committed in his administration’s war on drugs.

Sen. Jinggoy Estrada filed Senate Resolution 492 expressing the chamber’s strong opposition to the resumption of the ICC investigation on the Duterte administration’s bloody campaign against illegal drugs that left over 6,000 suspects dead in police operations.

Estrada said the decision of the ICC’s Pre-Trial Chamber to authorize the resumption of the probe is “disrespectful of the Philippines’ sovereignty and undermines the country’s fully capable judicial system.”

The senator cited the government’s efforts in reviewing the anti-drugs operations of the Philippine National Police (PNP)’s anti-narcotics group, which has prompted the PNP Internal Affairs Service (IAS) and the Department of Justice (DOJ) to file four criminal cases against abusive police officers.

“This clearly shows the commitment of our government in ensuring that erring individuals will be brought to justice,” he said.

He added that his resolution was not in conflict with his vote to ratify the Rome Statute that created the ICC 12 years ago.

As early as Nov. 10, 2021, the government had requested the deferral of ICC investigations and proceedings, citing the complementarity principle under which the intergovernmental organization and internal tribunal operate, according to Estrada.

“The letter of request stated that the Philippine government has the first responsibility and right to prosecute crimes. Further, it stated that the ICC may only exercise jurisdiction where the national legal systems fail to do so, which was not the case for the Philippines as domestic institutions are fully functional and more than capable to address the concerns raised in the prosecutor’s notification,” he said, referring to ICC Prosecutor Karim A. A. Khan QC.

“It is hereby resolved that the Senate of the Philippines strongly opposes the decision of the ICC to resume its investigation on the crimes committed in the Philippine territory, in questioning the fully capable judicial system of the Philippines, as well as disrespecting its sovereignty,” Estrada said in his resolution.

Sen. Robinhood Padilla also filed a resolution that seeks to defend Duterte from investigation or prosecution by the ICC and also cites that the country has a “functioning and independent” judicial system.

In Senate Resolution 488, Padilla sought “to declare unequivocal defense of former president Rodrigo Roa Duterte, the 16th president of the Republic of the Philippines, in any investigation or prosecution by the ICC.”

He also noted that after a panel of judges at the ICC in The Hague authorized the Office of the Prosecutor to resume its investigation into alleged crimes against humanity in the Philippines, Justice Secretary Jesus Crispin Remulla declared that “they are insulting us” and described the case as “totally unacceptable.”

Padilla’s resolution likewise pointed out that Duterte believed the widespread serious and rampant illegal drug problem “is an existential threat to the country’s social fabric” and that he was convinced that fighting illegal drugs, along with corruption and other crimes, “is a prerequisite to achieving genuine growth and prosperity.”

Padilla said Duterte’s presidency saw “remarkable accomplishments” brought about by relentless campaign against illegal drugs, insurgency, separatism and terrorism and corruption and criminality, while the peace and order situation considerably improved.

‘Mechanism exists’

There is a mechanism that will enable the Philippines to cooperate in the ongoing investigation being conducted by the ICC prosecutor, according to Human Rights Watch (HRW).

Responding to Remulla’s statement, HRW senior Asia researcher Carlos Conde cited Article 87 of the Rome Statute, the treaty that established the ICC.

“There is such a ‘mechanism,’ but it would take good faith on the part of Philippine government, which would have to abide by the ICC’s request to cooperate,” Conde said.

“Question is, why is it not cooperating?” he added.

Last Monday, Remulla said there is no justification for the ICC to enter the Philippines and investigate killings related to the previous administration’s campaign against illegal drugs.

“If the ICC insists on coming in, let me tell you this: there is no mechanism by which the ICC can come in because this was not contemplated in the drafting of the law of the treaty before we became a signatory for a few years from which we withdrew,” he added.

The Rome Statute provision cited by Conde allows the ICC to make requests to governments for cooperation in an ongoing proceeding.

“The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each state party upon ratification, acceptance approval or accession. Subsequent changes to the designation shall be made by each state party in accordance with the Rules of Procedure and Evidence,” the provision stated.

“When appropriate … requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization,” it added.

The ICC may also invite those who are not part of the treaty to provide assistance “on the basis of an ad hoc arrangement, an agreement with such state or any other appropriate basis.”

“Where a state not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council,” the provision stated.

The Philippine government has been insisting that the ICC no longer has jurisdiction after the Duterte administration withdrew from the Rome Statute.

The ICC’s Pre-Trial Chamber has ruled that the prosecutor can investigate alleged crimes against humanity that happened in the country when it was a member from Nov. 1, 2011 to March 16, 2019.

Recall

Meanwhile, organized labor yesterday demanded the immediate recall of Senate and House resolutions defending Duterte from the ICC investigation.

Labor coalition Nagkaisa expressed rage over the resolutions filed by several senators and congressmen.

“We believe that this move is a blatant disregard of justice for thousands of victims of extrajudicial killings (EJKs) in the country and an insult to the ICC’s mandate to investigate and prosecute individuals who commit crimes against humanity,” Nagkaisa said in a statement.

“Justice is not the luxury of the rich and powerful, it is the right of every Filipino,” it added, as it noted that thousands of those murdered during the Duterte administration are crying for justice.

The resolutions supporting Duterte will doubly entice the ICC investigator to proceed with the investigation, according to Nagkaisa.

The group urged the Senate and Congress to withdraw their resolutions and respect the ICC’s mandate to investigate and prosecute individuals who commit crimes against humanity.

“The government must work hand in hand with the ICC to bring justice to the victims of EJKs, and to ensure that those responsible for these heinous crimes are held accountable,” Nagkaisa said. – Janvic Mateo, Mayen Jaymalin