THE International Criminal Court (ICC) does not have jurisdiction to conduct an investigation into the illegal drug campaign of former President Rodrigo Duterte, according to Senior Justice Undersecretary Raul Vasquez.
In a news forum in Quezon City, Vasquez explained that the ICC has no jurisdiction over the Philippines as the country is no longer a member of the tribunal since 2019.
Vasquez emphasized there is a functioning judicial system in the country.
On Friday, President Ferdinand R. Marcos Jr. said the Philippines’ engagement with the ICC is over and it cannot expect the Philippine government to cooperate with its investigation into the Duterte administration’s drug war.
President Marcos said the government will continue to defend the sovereignty of the Philippines and will question the jurisdiction of the ICC and their investigations here in the Philippines.
The ICC rejected on July 18 the Philippine government’s appeal not to proceed with its probe into the supposed thousands of killings and human rights abuses committed by authorities during the Duterte administration.
Vasquez enumerated the reasons why the Philippines cannot be compelled to work with the ICC on the issue.
The first reason is procedural, Vasquez said, explaining that the Pre-Trial Chamber- International Criminal Court (PTC-ICC) authority to conduct an investigation on alleged human rights violations in the Philippines was only granted a year after the country withdrew from the convention.
“Procedurally, iyon po ang malaking balakid,” Vasquez told the forum. “From day one po, ang posisyon ng gobyerno natin ay wala nang jurisdiction ang ICC sa atin kasi nag-withdraw na nga po tayo sa Rome Statute kung saan ang ICC ay na-establish.”
“Pero iyong mas malaking rason pa ay iyong complementarity principle, kasi po iyon pong mga judicial mechanism natin, iyong judicial system natin as well as the accountability mechanism ay nandiyan po naman. They are existing and operating.”
Although the country’s justice system maybe grinding slowly, it is working, Vasquez argued, noting the government continues to investigate drug-related cases.
Since assuming office last year, the DOJ under the Marcos administration has been defending the country’s human rights performance through the DOJ’s Unified Periodic Report and Revalida before the United Nations Human Rights Council, Vasquez said.
In those reports before the Rights Council, the Philippines, Vasquez said, expressed its readiness, particularly the Department of Justice and the Witness Protection Program to entertain any victim or witness related to human rights violations and unjustified killings during the drug war. “Ang purpose po ‘nun ay para kupkupin ang mga pamilya o iyong mga witnesses na iyan under the witness protection program at iyon po ay sinabi namin sa harap ng madla, sa harap ng international community kasama po iyong mga civil society organizations na nandoon din sa Geneva,” he said.
