(June 15, 2021) – President Rodrigo Duterte has no intention to cooperate with the International Criminal Court (ICC) for any investigation into the killings linked to his brutal drug war, presidential spokesperson Harry Roque said on Tuesday.
Roque, a former human rights lawyer, blasted outgoing ICC prosecutor Fatou Bensouda for mounting a “politically motivated” attack against the government, insisting that the calls for an investigation are only part of the efforts of critics to malign Duterte.
“Insulto kasi sa lahat ng Pilipino para sa isang dayuhan gaya ni Bensouda at para sa kapwa Pilipino na magsabi na ‘yung mga legal institution natin sa Pilipinas ay hindi gumagana at ‘di nagbibigay-katarungan,” said a visibly irate Roque in a press briefing.
Roque also took offense at the move for its alleged implications on the country’s legal system.
“Mako-compare tayo sa countries, sa mga lugar na walang gumaganang gobyerno. Hindi tama ‘yun. How dare you say that the Philippine legal system is not working? Emotional issue ito for all lawyers and all Filipinos. Hindi tayo ganyan sa Pilipinas,” added Roque.
On Monday, Bensouda requested authorization for an inquiry into the bloody drug war of Duterte after finding reasonable evidence to believe that crimes against humanity were committed. She also sought to include the killings in Davao City from 2011 to 2016 since “the same types of actors also allegedly committed strikingly similar crimes.”
Aside from Duterte, Bersouda said two former Philippine National Police (PNP) chiefs—Sen. Bato Dela Rosa and Oscar Albayalde—were likewise “responsible for ordering, directing, and organizing” the ruthless drug war.
Bensouda started the preliminary examination in February 2018 after receiving numerous reports from human rights groups about the gruesome situation in the country. It prompted Duterte to draw fits and pull out from the Rome Statute and, by extension, the ICC.
The ICC, however, maintains jurisdiction over the crimes committed before the country’s withdrawal, which officially took effect on March 17, 2019, explained Bensouda.
Roque harped on his previous sentiments dismissing the fact that the ICC has jurisdiction to conduct an independent probe into the wicked drug war, stressing that the country’s legal systems are working to exact justice for the victims.
“Hinding-hindi tayo pumayag na ang ICC ang magsa-substitute sa ating lokal na piskal, at lokal na hukuman. Walang hadlang para imbestigahan ang mga kasong ito sa Pilipinas at in fact, marami ngang kasong nakabinbin ngayon sa hukuman,” said Roque.
Families of the victims, however, have disputed this claim in a recently submitted letter to the ICC. They said the government left them out with no known details about the progress of the investigations. Lawyers also called the investigations “tokenism” because the final actions will ultimately be deferred to Duterte and the PNP.
In a separate statement, the Department of Foreign Affairs (DFA) also opposed the ICC’s request for investigation because local accountability mechanisms are working, saying the move was “deeply regrettable.”
“The International Criminal Court is a court of last resort,” the DFA said in a statement. “The precipitate move of the Prosecutor is a blatant violation of the principle of complementarity, which is a bedrock principle of the Rome Statute.”
(Beatrice Puente/PM)
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