Palace to ICC: Do not expect PH cooperation in drug war review

In a press conference in Camarines Sur, Presidential Spokesperson Harry Roque stressed it would be “fool-hardy” for the ICC to expect the government’s cooperation on its review. (PCOO photo)

Malacañang on Monday said that the International Criminal Court (ICC) should not expect any cooperation from the Philippine government in its preliminary review of the administration’s war on drugs that will push through in spite of the country’s withdrawal from the international court.

In a press conference in Camarines Sur, Presidential Spokesperson Harry Roque stressed that it would be “foolhardy” for the ICC to expect the government’s cooperation.

“Good luck on obtaining the cooperation of the Philippine state. But come on, you know, law is based on human experience. The human experience is, do not expect any cooperation from the Philippine government,” Roque said.

He noted that even the matter of acquiring jurisdiction over an individual will depend on cooperation.

The spokesman added that for its own good, the international body should drop the case.

President Rodrigo Duterte last week announced his decision to withdraw the Philippines from the ICC because of “baseless, unprecedented and outrageous attacks” against him and his administration by United Nations (UN) officials and the alleged attempt of an ICC prosecutor to place him under its jurisdiction.

The Philippine government, through its official, submitted its letter of withdrawal from the ICC to the UN last Friday, March 16.

In its letter, the Philippines decision to pull out its signature from the Rome Statute, a treaty which created the ICC, was the country’s “principled stand against those who politicize and weaponize human rights, even as its independent and well-functioning organs and agencies continue to exercise jurisdiction over complaints, issues, problems and concerns arising from its efforts to protect its people.”

The Philippines, however, assured that the government “continues to be guided” by the rule of law embodied in its Constitution that also enshrines the country’s “long-standing tradition of upholding human rights.”

Despite the withdrawal from the treaty, the tribunal body announced that its preliminary review of drug-related killings in the Philippines will push through.

“In the event of a withdrawal from the ICC, this decision will therefore not affect the continuation of the preliminary examination process,” the office of ICC prosecutor Fatou Bensouda told CNN Philippines in a statement on Saturday.

“Nor does it affect the continuing obligation of the State concerned to cooperate with the Court in relation to an investigation initiated before the withdrawal came into effect,” it added.

It was in February this year when Bensouda announced that the ICC will start its preliminary examination on the controversial war on drugs. The court already clarified that this review is not an investigation but a process to determine if there is a basis to proceed with a probe.