DOJ to brief Marcos on ICC arrest options

MANILA, Philippines —  The Department of Justice (DOJ) is preparing a brief on the legal options available to President Marcos on the arrest warrants that the International Criminal Court (ICC) may issue.

DOJ spokesman Mico Clavano said all options will be discussed in the briefer, including the Philippines’ possibly rejoining the ICC, “with an awareness that policy frameworks may evolve.”

“The briefer will be an objective analysis of the pros and cons of each option,” he said yesterday.

Clavano, however, clarified that the Philippines remains firm in its stance that it has no legal duty to comply with any proceedings of the ICC, having withdrawn from the Rome Statute, the treaty that established the international body, in 2019.

“We want the President to know all his options and all the implications,” he said.

The DOJ official issued the statement in light of the possibility that the ICC will issue arrest warrants against former president Rodrigo Duterte by mid-year and for his daughter Vice President Sara Duterte and other personalities in subsequent “batches” in connection with the brutal war on drugs, as claimed by former senator Antonio Trillanes IV.

Trillanes, who asserted he has been in touch with ICC representatives since its preliminary examination, during the conduct of investigation and up to the junking of Duterte’s appeal, said the ICC may push for the arrest warrant through the International Criminal Police Organization (Interpol).

Apart from Duterte and his daughter, among the other personalities reportedly investigated by the ICC in connection with the crackdown on drugs are his “tokhang” enforcer Sen. Ronald de la Rosa and former aide Sen. Bong Go.

The former senator earlier disclosed that the ICC investigated more than 50 active and former police officers who served under the Duterte administration for their role in the bloody war on drugs.

President Marcos said in April that his administration will not serve any arrest warrant from the ICC against Duterte, as the ICC does not have jurisdiction over the Philippines.

He said he considers the ICC a threat to the country’s sovereignty and the government will not help in any investigation the ICC conducts.

In November last year, Marcos said the possible reentry of the Philippines into the fold of the international tribunal is “under study” but maintained that there are problems on the issue of jurisdiction.

Trillanes claimed rejoining the ICC is one of Marcos’ considerations in light of his fallout with Vice President Duterte, who was his running mate during the 2022 elections under the UniTeam.

He, however, noted that the complex relationship between Marcos and the younger Duterte was not due to the ICC investigation against her father but the Duterte camp’s effort to oust the incumbent president.

Under the rule of succession, when Marcos is ousted, the Vice President will replace him.

“I will not go that far to say I know what is in his heart. But I can speculate that that was one of his considerations in light of the fallout with the Dutertes. Probably when he started that’s (rejoining ICC) totally out of the picture but because of recent events he became open to it.

“I don’t think it is necessary for him to rejoin, he just needs to enforce the warrants. The issue on whether to rejoin could be decided later on,” Trillanes added.

Duterte unfazed

Former president Duterte remained unfazed by the supposed arrest warrant that will be issued against him by the ICC for alleged human rights violations committed in the war against illegal drugs.

Trillanes earlier said his source told him that the ICC may issue an arrest warrant against Duterte by June or July.

“Hey you monkeys, I don’t care about you, even if you jail me,” Duterte told the crowd gathered at the Hakbang ng Maisug prayer rally in Dumaguete City.

“I don’t care. But for my country, I will die for the country,” he added.

Duterte also dared the ICC to come and arrest him. “You would come and arrest me? Come. I’ll remove your balls,” he dared.

The former president also questioned the tribunal’s authority to judge him. “The whites? Why will they come here to judge?” he said, adding that the “whites” – Europeans, Spaniards and Americans – have no right to meddle with the country’s affairs since they have done nothing for the Filipinos.

“What have they done? Nothing! They came here and stole everything,” Duterte accused.

Marcos a 'dismal failure'

Duterte also rated President Marcos’ performance as a “dismal failure,” claiming that the President has done nothing to improve the country.

“You did nothing…You are up there just speaking English,” Duterte said at the prayer rally in Dumaguete.

He also advised the President to fix the country’s problems first before tinkering with the Constitution.

Duterte also decried the alleged pressure from the government whenever they try to mount a prayer rally.

The rally in Dumaguete City was forced to change venue from Freedom Park to Quezon Park because the original venue was suddenly declared under renovation.

Duterte said that when he was Davao mayor, anybody could hold a rally in any of the public parks because it is owned by the people.

It was not the first time that problems besieged the mounting of the Hakbang ng Maisug prayer rally.

In Bulacan, the owner of the venue rescinded its offer to allow the rally to be held there. And Davao del Norte Gov. Edwin Jubahib’s suspension was linked to him giving permit for the rally to be held at the Capitol grounds.

Also, in the middle of the rally, while Duterte was still speaking, a loud siren sounded, cutting him off.

Full confidence

?Duterte has expressed full confidence that Sen. Ronald dela Rosa will get to the bottom of the leaked Philippine Drug Enforcement Agency (PDEA) document that linked the President to drugs.?Dela Rosa recently conducted a motu proprio public hearing and investigation on the alleged PDEA leak issue, after a copy of the alleged document showing Marcos on the agency’s watchlist made the rounds of social media.?The senator conducted the hearing to find ways to further strengthen the government’s handling of classified documents.?While many are unimpressed with the way Dela Rosa handled the hearing, Duterte expressed his confidence in his former PNP chief.?“I have full faith. He may be talkative, there are times his mouth goes off everywhere. But let him be. Bato, I promise, he will bring out the truth, whatever that is,” Duterte said in Filipino during a press conference in Dumaguete City where he attended the prayer rally on Monday night.?“You should trust Bato. He is a PMAer, an excellent official and straightforward in his life,” Duterte said. “He is good and he will be a leader of our country, he will be a protector of the people’s interest.”

At the rally, Duterte again reiterated his call for the current administration not to tamper with the Constitution. ?The former president said Mindanao has no problem separating itself from the rest of the Philippines since it is rich in land and natural resources.

“In Davao, Mindanao, the development is far and wide so the government can generate much money there. We can survive,” he said.

‘Nothing we can do’

For Dela Rosa, they can no longer do anything if the President changes his mind regarding the government’s position on the ongoing investigation of the ICC.

Dela Rosa, in an interview with “Storycon” over One News on Wednesday, reacted to reports that the DOJ will brief the President on scenarios related to the ICC.

“We cannot do anything if the President changes his position as far as the case is concerned,” the senator said in a mix of English and Filipino.

“He said it several times that he will not allow the ICC to enter the country and that he will not allow the government to cooperate with the ICC… If he changes his mind, what can we do about it? It’s beyond our control,” he added. – Diana Lhyd Suelto, Edith Regalado, Romina Cabrera, Janvic Mateo