‘REGRETTABLE’ | Philippines criticizes ICC prosecutor for seeking inquiry; says legal mechanisms are working

June 15, 2021 , 06:42 PM

(June 15, 2021) – The Philippine government on Tuesday defended its leader a day after the prosecutor asked the International Criminal Court (ICC) to open an investigation into drug war killings from 2016 to 2019 in the country, calling the move “regrettable.”

In a statement, the Department of Foreign Affairs said ICC prosecutor Fatou Bensouda should respect the country’s legal mechanism which remained functional, criticizing her move to seek authorization to investigate thousands of drug-related killings.

“The International Criminal Court is a court of last resort,” the DFA said in a statement. “The State Parties to the Rome Statute envisioned a court with a complementary, not primary, jurisdiction for the prosecution of the persons most responsible for the most serious crimes of international concern.”

“The precipitate move of the Prosecutor is a blatant violation of the principle of complementarity,” it added.

“Deeply regrettable” para sa gobyerno ang pag-request ng judicial authorization ni International Criminal Court…

Posted by News5 on Tuesday, June 15, 2021

For his part, the president’s spokesman Harry Roque said the Philippines will not cooperate with the ICC inquiry, calling the move “legally erroneous” and “politically motivated.”

He insisted the ICC has no jurisdiction over the Philippines but did not explain why.

Roque, who appeared irate, also attacked Bensouda for listening to the government’s critics who he said were behind the calls to prosecute the president.

A former human rights lawyer, Roque also maintained the legal systems in the country are working so the ICC won’t have to step in.

“Insulto po ‘yan,” Roque told a press briefing at Camp Crame. “Mako-compare tayo sa mga countries, sa mga lugar na walang gumaganang gobyerno. Hindi po tama ‘yun. How dare you say that the Philippine legal system is not working? Emotional issue po ito for all lawyers and all Filipinos. Hindi po tayo ganyan sa Pilipinas.”

He said the Philippines withdrew from the ICC in 2018 but it only took effect a year later.

Bensouda said the ICC has jurisdiction because the killings happened before the withdrawal.

The ICC can only launch its own probe when the legal systems are not working or when the existing judicial processes are flawed.

Drug war victims’ families said the legal mechanisms in the country are not working as justice remained elusive nearly five years after the killings.

In fact, only one case, involving a 17-year-old schoolboy in Caloocan City, led to the conviction of police officers who were behind the summary execution of Kian delos Santos.

More than 7,000 had been killed since 2016 when the War on Drugs (WoD) was launched by the president.

But the ICC prosecutor said the body count could be between 12,000 to 30,000 if people killed by vigilantes would be added to official police data.

The Department of Justice (DOJ) started reviewing at least 152 drug war cases which were submitted by the Philippine National Police (PNP) and the Philippine Drug Enforcement Agency (PDEA).

But Justice Secretary Menardo Guevarra declined to comment on Bensouda’s move, saying this will not affect the DOJ’s review process.

He said the country has been cooperating with the United Nations Human Rights Council, which the DFA cited as proof of “concrete actions” being addressed by the government.

The DFA also attacked Bensouda’s premature announcement without waiting for her successor, Karim Khan, to fully evaluate the case.

“By her act, the outgoing Prosecutor likewise undercuts the attractiveness of the Rome Statute that may be considering accession,” the DFA said.

(Beatrice Puente/MM)

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