ICC probers invited to Senate inquiry

MANILA, Philippines — The Senate is launching a probe that would have officials of the International Criminal Court (ICC) involved in investigating the Duterte administration’s bloody war on drugs testify before a congressional hearing.

Sen. Francis Tolentino said yesterday that ICC officials are being invited to appear before the inquiry to be conducted by the Senate committee on justice and human rights.

He said preparations for the inquiry are still “a work in progress,” but some initial communications – through parliamentary counterparts in the Netherlands – have already been made to invite ICC Chief Prosecutor Karim Khan, former ICC prosecutor Fatou Bensouda and law professor Mervyn Cheong of the National University of Singapore.

Tolentino, who chairs the committee, said that since the inquiry was prompted by resolutions filed in the Senate seeking to defend the previous administration, former president Rodrigo Duterte is being eyed among the resource speakers to be invited.

“This (inquiry) is to clarify issues. This has nothing to do with the ICC case. This has something to do with the (Senate) resolutions. If they (ICC) want us to recognize the work they do, they should also recognize what the Philippines is doing by way of a Senate hearing,” Tolentino told dzBB radio in Filipino.

He was referring to the separate resolutions filed by Senators Jinggoy Estrada and Robin Padilla.

“We consider this as a sign of mutual respect if they will join, if they will attend. Otherwise, if they decline, or not attend, out of courtesy, we will of course, accept that,” he added.

The senator noted that should the resource persons decide to participate in the congressional inquiry, they may do so online. He added that he has yet to formally invite Duterte to the hearing.

Estrada’s Resolution 492 seeks the Senate condemnation of the ICC’s decision to resume the probe into the drug war that human rights groups said claimed over 20,000 lives.

Estrada said the decision of the ICC’s Pre-Trial Chamber authorizing the resumption of the probe is “disrespectful of the Philippines’ sovereignty and undermines the country’s fully capable judicial system.”

He cited government’s efforts in reviewing the anti-drugs operations of the Philippine National Police (PNP)’s anti-narcotics group, which has prompted the PNP Internal Affairs Service and Department of Justice (DOJ) to file four criminal cases against abusive police officers.

Estrada said his filing of the resolution was not in conflict with his vote to ratify the Rome Statute — the treaty that created the ICC — 12 years ago as the pact stated the tribunal can intervene if the legal system of a concerned country is no longer functioning, which is not the case for the Philippines.

As early as Nov. 10, 2021, the government has already requested the deferral of the ICC investigation citing the complementary principle under which the tribunal operates, he said.

“The letter of request stated that the Philippine government has the first responsibility and right to prosecute crimes. Further, it stated that the ICC may only exercise jurisdiction where the national legal systems fail to do so which was not the case for the Philippines as domestic institutions are fully functional and more than capable to address the concerns raised in the prosecutor’s notification,” said Estrada.

In Senate Resolution 488, Padilla sought “to declare unequivocal defense” of Duterte against any investigation or prosecution by the ICC.

Like Estrada, he stated that the country has a “functioning and independent” judicial system.

Padilla’s resolution also pointed out that Duterte believed that the widespread, serious and rampant illegal drugs problem was “an existential threat to the country’s social fabric” and that fighting illegal drugs, along with corruption and other crimes, “is a prerequisite for achieving genuine growth and prosperity.”

No conflict with ‘disengagement’ order

Tolentino said the congressional probe would not be in conflict with President Marcos’ pronouncement last week that the Philippines would be “disengaging” from the ICC, which has rejected the government’s appeal to stop its probe.

He said the President’s pronouncement to cut off communication with the ICC was directed toward the executive branch, particularly the DOJ and its sub-agency Bureau of Immigration (BI), which can bar the tribunal’s prosecutors from entering the country.

“The Senate as an independent institution can proceed with its own investigation,” he said.

Tlentino said Solicitor General Menardo Guevarra, who filed the appeal before the ICC, apparently has yet to advise the President on the legal implications of such disengagement given that the government still has its main appeal pending with the tribunal.Last week, Sen. Risa Hontiveros, who belongs to the minority bloc and is a vocal critic of the Duterte administration’s war on drugs, lamented that Marcos does not appear to be interested in giving justice to the victims of the deadly campaign.

“Where is the integrity of the President’s word? Did the President not fly around the world, even to the United Nations, to call for unity and cooperation in the international community? Did he not promise commitment to human rights and justice? If he acts on his decision to disengage from the International Criminal Court, he will embarrass the Philippines on the international stage,” Hontiveros said.

She called for the country’s reentry into the Rome Statute.

She said Marcos’ decision not to be involved with the ICC “a mistake and will only isolate the Philippines at a time when countries have been trying to forge alliances.”