FACT CHECK | Remulla’s claim that ICC has no jurisdiction over the Philippines lacks context

August 29, 2022 , 03:15 PM

(August 29, 2022) – Department of Justice (DOJ) secretary Boying Remulla has claimed that the International Criminal Court (ICC) no longer has jurisdiction over the country as the prosecutor of the tribunal seeks a continuation of the probe into the brutal drug war of former President Rodrigo Duterte.

Remulla’s claim lacks context.

CLAIM:

In an interview on One News’ The Big Story on August 25, Remulla repeated his assertion that the ICC, which investigates the world’s worst crimes, cannot exercise jurisdiction over the Philippines since the country is no longer a party to the Rome Statute. He also mentioned the same claim during his first press conference as DOJ chief last August 3.

Remulla stressed in the recent interview that he’s not answerable to ICC prosecutor Karim Khan. He added that the ICC must respect the non-membership of the Philippines.

“What law will they use to investigate? What compulsory process will they use to get witnesses to move forward? I don’t see the point. They don’t have any jurisdiction in our country,” said Remulla.

RATING: Lacks context

FACTS:

While the Philippines pulled out on March 17, 2019, the ICC can still exercise jurisdiction over the alleged crimes that were committed in state parties during the time of membership, according to Article 127 of the Rome Statute. The Philippines ratified the Rome Statute—the treaty that established the ICC—in 2011.

“Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing state had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective,” read a portion of the Rome Statute.

It was under the iron-fisted term of Duterte that the country withdrew from the ICC. He ordered the country’s exit after then-prosecutor Fatou Bensouda announced in February 2018 the opening of a preliminary investigation into the killings under the deadly drug war.

Last year, Bensouda also sought to include the killings committed by the Davao Death Squad, a vigilante group linked to Duterte, in pushing for a full-blown probe. A pre-trial chamber authorized the investigation, which is now handled by Khan, but it was stalled because of the Duterte administration’s request last November.

Khan is seeking to continue the probe since he found the local investigation insufficient. Now, a pre-trial chamber has asked the government and the families of victims to submit additional observations until September 8.

Remulla said the government, through the Office of the Solicitor General (OSG), would share information with the ICC out of courtesy. Menardo Guevarra, the DOJ secretary under Duterte, heads the OSG.

“We are doing everything as a matter of comity, friendship, respect among nations, among unilateral agencies. We are not submitting anything as a matter of compliance. And we are no longer members of the ICC,” said Remulla in a press forum on August 23.

WHY THIS MATTERS:

Duterte has repeatedly lambasted the ICC for allegedly meddling in the country’s affairs. According to the former leader, who’s known for his macho rhetoric, he would only be willing to face charges as long as these are filed before local courts.

Many law experts have pointed out that the Philippines must still cooperate with the ICC even if it’s no longer a member.

“It is irrelevant whether or not we’re still a party to the ICC. There is a residual obligation to cooperate with the investigation,” said Atty. Gilbert Andres of the Center for International Law in December 2020.

President Bongbong Marcos Jr. has already expressed his lack of interest in making the Philippines rejoin the ICC. But he told his officials to assess the situation to know how the government should respond.

Vera Files also published a fact-check article on Remulla’s claim regarding the jurisdiction of the ICC over the Philippines.

News5 is part of #FactsFirstPH which brings together various sectors that are committed to promoting truth in the public space, and exacting accountability on those who harm it with lies. For those interested to join the initiative, e-mail info@factsfirst.ph. Message News5’s Facebook page if you want to have any claims fact-checked. Read our fact-checking policy here.

Privacy Statement

Our Privacy Commitment

TV5 Network Inc. values and respects your privacy. We are committed to safeguarding your personal data in compliance with Republic Act No. 10173 or the Data Privacy Act of 2012 and its implementing rules and regulations.

We have developed a Privacy Policy that adopts and observes appropriate standards for personal data protection. While our Privacy Policy sets out the general principles governing the collection, use, and disclosure of our users’ personal information, our Privacy Commitment seeks to inform you more about TV5’s privacy practices.

Why do we collect your personal information (as applicable)?

We may collect and maintain basic information about you as site user of TV5 sites for the following purposes:

To deliver news and updates on current events, sports, esports and entertainment;
To share livestreams of news and sports events;
To understand our viewers’ needs and preferences;
To meet legal and regulatory requirements; and
To perform other processes or disclosures that are required to comply with pertinent laws, rules, or regulations.

Where do we get your personal information?

There are several ways we collect your personal information.

Information that you personally provided.

Most of the personal information we have are those that you have provided us when you:
- Register to our programs or services;
- Inquired, filed a complaint or requested for our services;
- Took part in our research and surveys; and/or
- Became our Partner, Vendor, Contractor or Supplier.

Information we collect during your engagement with us

We also collect information as you use our products and services, like:
- Viewing our websites;
- Activities that are being tracked by our website cookies;
- Calling our hotline;
- Using our apps, websites, and self-service channels and portals; and/or
- Joining our promos, prize raffles, or rewards and loyalty programs.

Information we collect from other sources

Other means of collection of information may be through:
- Our market research initiatives;
- When you visit and use our websites and mobile application; and
- Subsidiaries, affiliates, and third-party business partners to whom you have given consent to share your information to us.

When do we disclose personal information?

There may be instances when we are required to share the information you provided us. In such cases, we ensure that your personal information will be disclosed on a confidential manner, through secure channels and in compliance with the Data Privacy Act and other privacy laws.

We will never share, rent, or sell your personal information to third parties outside of TV5 except in special cases where you have given consent, and in cases described in our privacy policy.

In some instances, we may be required to disclose your personal information to our agents, subsidiaries, affiliates, business partners and other third-party agencies and service providers as part of our regular business operations and for the provision of our programs and services. This means we might share your information with our service providers, contractors, and professional advisers who help us provide our services.

How we protect your personal information

The integrity, confidentiality, and security of your information is important to us. We have implemented technical, organizational, and physical security measures that are designed to protect your information from unauthorized or fraudulent access, alteration, disclosure, misuse, and other unlawful activities.

We also put in effect the following safeguards:

We keep and protect your information using a secured server behind a firewall, encryption and security controls;
We keep your information only for as long as it is necessary for us to (a) provide the products and services that you avail from us, (b) for our legitimate business purposes, (c) to comply with pertinent laws, and (d) for special cases that will require the exercise or defense of legal claims;
We limit the access to your information only to qualified and authorized personnel who are trained to handle your information with strict confidentiality;
We undergo regular audits and rigorous testing of our infrastructure’s security protocols to ensure your data is always protected;
We promptly notify you and the National Privacy Commission when sensitive personal information that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person; and
We let you update your information securely to keep our records accurate.

TV5 will not collect, use, or disclose your personal information for any purpose other than the purpose that you may have given your consent for.

What are your choices?

We make sure that we have your consent to continue to collect, use, and disclose your personal information for the purposes that we have identified. We want you to know that you may object or withdraw your consent and/or edit your consent preferences at any time.

If you wish to have access to the personal information in our custody or if you think that the personal information you provided is incomplete, or otherwise inaccurate, you may get in touch with our Data Protection Officer through the contact details provided below. In some instances, we may request for supporting documents or proof before we effect requested changes.

Data Protection Officer
TV5 Network Inc.
Reliance corner Sheridan Streets
Mandaluyong City
tv5dataprivacy@tv5.com.ph

What happens when there are changes in our Policy?

From time to time, we may update our privacy policy and practices to comply with changes in applicable laws and regulatory requirements, adapt to new technologies and protocols, and align with the best practices of the industry.

You will be provided notices if the changes are significant and, if we are required by law, we will obtain your updated consent.