‘Complementarity principle’ does not give ICC jurisdiction over PRRD

Duterte on Tuesday said the ICC “cannot acquire jurisdiction” over him, threatening to withdraw from The Hague-based international court due to its alleged lack of fairness. TOTO LOZANO/PRESIDENTIAL PHOTO

MANILA — The International Criminal Court (ICC) has no jurisdiction to try President Rodrigo Duterte for crimes against humanity in connection with his anti-narcotics campaign due to “complementarity principle,” Malacanang said Wednesday.

“The President said the ICC cannot decide about him because, first, there is what we call complementarity principle. The ICC can only act if the local courts are unable or unwilling to act on a certain case,” Presidential Spokesperson Harry Roque said in a press conference in Palawan.

Duterte on Tuesday said the ICC “cannot acquire jurisdiction” over him, threatening to withdraw from The Hague-based international court due to its alleged lack of fairness.

Roque said although the President enjoys immunity from suit, the local courts have not declared their unwillingness and inability to investigate war on drugs.

He also explained that Duterte’s remarks have not changed Malacanang’s pronouncement that the President welcomes the ICC’s preliminary examination on the deaths linked to government’s campaign against illegal drugs.

“Nothing has changed. Still it was the same view by the President — that because Philippine courts are able and willing, the ICC has no jurisdiction,” he said.

Roque also said the war against drugs could not be considered “crime against humanity” because of its legitimate purpose is to address the problem of illegal drugs in the country.

“It (war on drugs) an official exercise of police power of the state and it has a legitimate purpose -to curb the proliferation of illegal drugs,” he said. (PNA)