Jinggoy Estrada – who concurred in ICC treaty – wants Senate to oppose tribunal’s probe
MANILA, Philippines (Updated 4:11 p.m.) — Sen. Jinggoy Estrada filed Monday a resolution calling on the Senate to express its “strong opposition” to the International Criminal Court’s investigation on the alleged crimes against humanity committed during the course of former President Rodrigo Duterte's “war on drugs.”
During the 15th Congress, Estrada was among the 17 senators who voted for the concurrence of the Senate to the Rome Statute, the treaty that created the ICC, alongside President Ferdinand "Bongbong" Marcos Jr.
RELATED: Marcos says ICC probe into Duterte's drug war a 'threat to sovereignty'
Estrada said in a statement that while he has not changed his mind in voting in favor for the Senate's concurrence to the Rome Statute, his position on the ICC has been "rendered moot and academic" as the country has withdrawn from the tribunal.
In Senate Resolution No. 492, Estrada said the ICC is “questioning the fully capable judicial system of the Philippines as well as disrespecting its sovereignty” in deciding to continue its probe.
Sen. Jinggoy Estrada files reso asking Senate to express its “strong opposition” to resumption of ICC probe on alleged crimes vs humanity committed during the “drug war”
— Xave Gregorio (@XaveGregorio) February 20, 2023
Estrada was one of 17 senators who voted to concur in Rome Statute that created ICC @PhilstarNews pic.twitter.com/3Unv38xWSc
To prove his point, Estrada cited the four anti-drug operations reviewed by the Department of Justice that are already pending before courts, which he said showed “the commitment by which the Philippine government will ensure that erring individuals will be brought to justice.”
RELATED: PNP: Internal investigation, DOJ review enough for 'drug war' accountability
ICC Prosecutor Karim Khan earlier said the DOJ-led assessment into the operations that resulted in deaths was a mere “desk review” as he pointed out it did not reach the level of a domestic investigation that would merit a deferral of the tribunal’s probe into the killings.
"I have concluded that the deferral requested by the Philippines is not warranted, and that the investigation should resume as quickly as possible," Khan said in June 2022.
The ICC said Pre-Trial Chamber, in greenlighting the resumption of probe into the country in January, said it "is not satisfied that the Philippines is undertaking relevant investigations that would warrant a deferral of the court's investigations".
"The various domestic initiatives and proceedings, assessed collectively, do not amount to tangible, concrete and progressive investigative steps," it added.
RELATED: ICC notes domestic PHL proceedings only concern low-ranking perpetrators
More resolutions
The resolution authored by Estrada, an ally of Duterte who received his endorsement in the 2022 polls, is the latest one that opposes the ICC’s investigation into the brutal “war on drugs.”
RELATED: Political clans form coalition to support Bongbong-Sara tandem
Sen. Robinhood Padilla, a staunch ally of Duterte who pardoned him in 2016 for illegal possession of firearms, filed Senate Resolution No. 488 calling on the chamber to declare its “unequivocal defense” of the former president.
Lawmakers in the House of Representatives led by Deputy Speaker Gloria Macapagal-Arroyo (Pampanga) have also filed a similar resolution.
If adopted, these resolutions do not have the force of law but would only express each chamber’s position on the ICC probe.
Lawyers for families of alleged “war on drugs” victims have pointed out that lawmakers coming to the “unequivocal defense” of Duterte only highlights the need for the ICC to step in as the move only shows that “there can be no fair, comprehensive and objective inquiry” into the thousands of deaths in the bloody anti-narcotics campaign.
“This reiterates that our government is unwilling and unable to investigate, and that the executive and legislative branches of government verily make justice inaccessible. In fact, it reminds us that there is no domestic investigation into acts and omissions of key officials, underway today, at all,” said the National Union of Peoples’ Lawyers and Rise Up for Life and for Rights in a statement.
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