ICC MEMBERSHIP | Marcos announced the Philippines has ‘no intention’ to rejoin ICC

August 1, 2022 , 06:13 PM

By Clarist Zablan

(August 1, 2022) – President Ferdinand “Bongbong” Romualdez Marcos Jr. on Monday said the Philippines has no plans to rejoin the International Criminal Court (ICC) even as The Hague-based tribunal’s prosecutor has sought to resume the investigation on his predecessor’s bloody and brutal war on drugs.

Marcos did not elaborate his position to re-enter the Rome Statute after the country withdrew from the tribunal in 2019. He said the government has been investigating the thousands of drug war killings under his predecessor, Rodrigo Duterte.

“No, the Philippines has no intention of rejoining the ICC,” Marcos told reporters.

“HINDI NATIN PAPANSININ”

Ito ang sinabi ni Pres. Bongbong Marcos kaugnay sa plano ng International Criminal Court (ICC) na muling buksan ang imbestigasyon sa drug war ni dating pangulong Rodrigo Duterte. pic.twitter.com/5rjfmIFK25

— News5 (@News5PH) August 1, 2022

A left-wing lawmaker, France Castro of ACT Teachers Party-list, criticized the president’s decision to stay out of the International Criminal Court (ICC), warning this could lead to more human rights violations in the country.

“By not rejoining the ICC, President Marcos Jr. is not only protecting his predecessor President Rodrigo Duterte from accountability on his bloody fake war on drugs but is also protecting himself from prosecution of the international court when he himself accumulates human rights violations against the Filipino people especially his critics and the opposition,” Castro, who represented teachers in Congress, said.

At the upper house, Senator Aquilino “Koko” Pimentel also disagreed with Marcos’ decision not to rejoin the ICC.

“President Marcos is the decision maker on if and/or when to join an international organization or treaty,” he said. “I disagree with his decision but since he is the President it is his decision which will be followed.”

Marcos’ solicitor-general, Menardo Guevarro, who is Duterte’s justice secretary who initiated a review of the drug war cases, said the decision to rejoin the ICC is a political decision.

“The matter of rejoining or staying outside the ICC is a political decision that needs serious consideration by the president in consultation with the Senate,” he said.

“The Philippine government is carefully studying its possible course of action in relation to the proposed resumption of the ICC investigation. It will disclose its action on or before September 8.”

Last month, the ICC Pre-Trial Chamber invited the Philippine government to submit “observations” on the tribunal’s prosecutor Karim Khan’s request to resume the preliminary investigation into the Duterte administration’s alleged crimes against humanity.

Khan said the Philippine government’s deferral request last year is not warranted because they have not adequately shown that it was investigating the drug war killings.

Last week Marcos had a meeting with his legal adviser Juan Ponce Enrile, Justice Secretary Jesus Crispin Remulla, Solicitor General Menardo Guevarra, and Duterte’s former spokesman Harry Roque to determine whether the government will take part in the ICC processes or not.

“Sinabi ko, pag-aralin niyo munang mabuti ‘yung procedure para tama ‘yung gagawin natin,” Marcos had said. “Kasi… baka ma-misinterpret ‘yung ating mga ginagawa kaya liwanagin natin kung ano ba talaga ang dapat gawin, sino’ng susulat kanino, anong ilalagay sa sulat, et cetera, et cetera.”

Last year, the Pre-Trial Chamber opened investigations into Duterte’s drug war, which saw the killings of more than 6,000 suspected drug offenders in police anti-illegal drugs operations, based on government data.

Human rights groups estimate the killings as high as 30,000 to include incidents involving unidentified assailants.

The probe was paused following a request from the Duterte government, which assured the ICC that the justice department is investigating the drug war killings.

Marcos, who had ran with Duterte’s daughter and now-Vice President Sara Duterte under the “UniTeam” banner in the elections, has shared his predecessor’s position on the drug war probe during the campaign period.

The previous administration has also insisted that the ICC no longer has jurisdiction over the Philippines since the country withdrew from the Rome Statute, but the court has ruled that it can still investigate and prosecute any allegations of crime that occurred before the withdrawal.

(MM)

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