Gov’t will never cooperate with ICC probe: Palace

MANILA – The Philippines will never cooperate with any investigation to be initiated by the International Criminal Court (ICC) into the government’s anti-illegal drugs campaign, Malacañang said Tuesday.

In a press briefing, Presidential Spokesperson Harry Roque said the Philippine government will not cooperate with any ICC probe because the country is no longer a member of the Hague-based body.

“Hinding-hindi tayo magku-cooperate dahil hindi na tayo miyembro at kahit anong pilit na gawin nila hindi tayo magku-cooperate (We will never cooperate because we are no longer a member [of the ICC], and no matter how much they force us, we would never cooperate),” Roque said.

Roque made the statement after ICC Prosecutor Fatou Bensouda requested judicial authorization from The Hague tribunal to proceed with an investigation on the alleged crimes against humanity linked with the Philippine government’s campaign against its illegal drugs problem.

Roque said pursuing the ICC probe would be an insult to all Filipinos as it implies that the country’s legal system is not working.

He cited the principle of complementarity in which the ICC can only investigate crimes against humanity if local courts are unable or unwilling to do so.

Insult to all Filipinos

“Insulto po kasi sa lahat ng Pilipino para sa isang dayuhan gaya ni Bensouda at para sa kapwa Pilipino na magsabi na iyong mga legal institution natin sa Pilipinas ay hindi gumagana at hindi nagbibigay-katarungan. Insulto po iyan (It is an insult for all Filipinos for a foreigner like Bensouda and for fellow Filipinos who say legal institutions in the Philippines are not working and do not give justice. That’s an insult),” he said. “How dare you say that the Philippine legal system is not working. (This is) emotional issue po ito for all lawyers and for all Filipinos. Hindi po, hindi tayo ganiyan sa Republika ng Pilipinas (We’re not like that in the Republic of the Philippines).”

He said the government will not allow the ICC to substitute domestic courts, stressing that the country’s legal system is independent, impartial, and competent.

He described the ICC’s move as “legally erroneous” and “politically motivated”.

“It is legally erroneous because in the first place the ICC has no jurisdiction over the subject matter of crimes against humanity as alleged in her (Bensouda) information against President Rodrigo Roa Duterte,” he said.

Political issue

He said the case is a political issue, considering that Bensouda’s sources were enemies of the President, particularly former senator Antonio Trillanes IV and Communist Party of the Philippines’ founder Joma Sison. Trillanes has expressed the intention to run for president in the 2022 elections.

“Kaya nga po sinasabi ko, it will not also be in pursuit of substantial justice dahil paratang po iyan ng mga grupo na talagang kontra po sa ating Presidente… Pulitika po ito. Eh bakit naman kasi hinayaang mag-proceed ng investigation (That’s why I’m saying this, it will not also be in pursuit of substantial justice because these are accusations of groups that are really against our President…This is a political issue. Anyway, why was it allowed to proceed with the investigation),” he said.

The Duterte administration’s drug campaign has been under preliminary examination of the Office of the Prosecutor since February 2018.

Manila cut ties with the ICC after Bensouda in February 2018 pushed through with the preliminary examination of the communication filed by lawyer Jude Sabio before the international tribunal.

Sabio’s communication accused Duterte of perpetrating crimes against humanity for thousands of alleged extrajudicial killings of drug suspects since the anti-narcotics drive was launched on July 1, 2016 until March 31, 2017, but he eventually dropped the communication he filed before the international tribunal.

In June, Justice Secretary Menardo Guevarra announced the creation of an inter-agency panel that will reinvestigate the drug-related killings.