Marcos: ICC jurisdiction over PH still a problem

President Ferdinand "Bongbong" Marcos Jr. said on Friday that returning under the fold of the International Criminal Court (ICC) is "under study," even as he maintained that there are "problems" with regards to the ICC's jurisdiction in probing the Duterte administration's war on drugs.

"There is also a question: should we return under the fold of the ICC? So that’s again under study," Marcos told reporters in an interview.

"So we'll just keep looking at it and see what our options are." 

Marcos' latest remark came days after Manila Representative Bienvenido “Benny” Abante Jr. filed a resolution urging the Marcos administration to coordinate with the ICC probe. 

The resolution noted that while the Philippine government already withdrew from being a party to the ICC, the ICC and both the Supreme Court in the Philippines have maintained that the ICC has jurisdiction with respect to any alleged crimes against humanity perpetuated in the Philippines during the Duterte administration’s drug war. 

A similar resolution was filed by Makabayan bloc lawmakers France Castro of ACT Teachers party-list, Arlene Brosas of Gabriela party-list, and Raoul Manuel of Kabataan party-list last October.

"This is not unusual," Marcos said of the resolutions. "They are just expressing or manifesting the sense of the House that perhaps it's time to allow or cooperate with the ICC investigations."

Problems

"But as I have always said, there are still problems in terms of jurisdiction and sovereignty. Now, if we can solve these problems, then that would be something," he added, noting the Philippines' withdrawal from the Rome Statute — the treaty that established the ICC — in March 2019.

"Because if you are talking about the jurisdiction of the ICC especially since we have withdrawn from the Rome Statute few years back, that brings into question whether or not this is actually possible," Marcos said.

The ICC Appeals Chamber had denied the Philippine government’s appeal to stop the probe on the drug war killings, saying the Philippine government has failed to prove that a legitimate investigation and the prosecution of perpetrators are being undertaken by local authorities. 

Two denials 

The ICC probe into the Duterte administration's drug war was initially halted on the request of the Philippine government in November 2021 largely on the argument that local prosecutors are already investigating drug war deaths in police operations. 

But in July 2022, ICC prosecutor Karim Khan asked for a resumption of the probe, saying that the Philippine government had not demonstrated that it investigated or was investigating its nationals or others in connection with the series of killings attributed to the anti-drug campaign. 

The ICC ruled in favor of Khan's request in January 2023 and authorized the reopening of the ICC inquiry on drug war deaths during the Duterte administration. 

The Philippines again appealed such a decision in March this year, which the ICC again denied in July. 

'Courteous and diplomatic'

Reacting to Marcos' latest pronouncement, Atty. Salvador Panelo, presidential legal counsel during the Duterte administration, said the remark was "a courteous and diplomatic response to the said House resolution." 

"As President of the Republic and Head of State, PBBM is the Chief Architect of foreign policy. Having made repeated pronouncements on the absence of jurisdiction by the ICC over our country, it behooves the legislature as another branch of government to support the official position of the President," he said. 

Doing otherwise, he added, will undermine the authority of the President.

Duterte's daughter, Vice President and Education Secretary Sara Duterte, earlier called on House members to "respect" Marcos' position on the issue. 

In an interview with reporters, Senator Ronald “Bato” dela Rosa, who earlier described himself as the “number two accused” in the ICC case, said he should be ready for any eventuality following Marcos’ latest statements.

“I feel that I should be ready for any eventuality because the political situation in the Philippines is very fluid. So I have to be ready,” said Dela Rosa, who was the national police chief when Duterte launched a crackdown on illegal drugs in 2016. 

“When I say ready, ready to fire, ready to speak, ready to sing, ready to dance. Kahit anong gagawin natin (whatever we need to do), ready,” he added.

Still, Dela Rosa maintained that he would be facing local courts and not foreign entities.

"We'll, as I’ve said, I’m willing to face Filipino courts. I'm willing to be tried by Filipino courts, but by a foreign body, I am not willing,” he said.

“It is not an indicator that lalayasan ko kayo (I will evade). Baka sabihin niyo sisibat na si Bato, hindi ako lalayas (I will not hide). Pag sinabi ng ating gobyerno, sinabi ng ating korte ‘Bato harapin mo ‘yan. Dito ka sa amin humarap,’ then haharap ako, harapin ko yan,” he said.

(If the local courts say that I should face charges, then I will.)

Dela Rosa said that studying whether to return to the ICC does not mean Marcos is abandoning his earlier position.

“If the president says categorically that he is allowing the ICC to come in and make the investigations, then that’s backpedaling. But when he says just studying, maybe there are a lot of possibilities when he says study,” he said.

Nevertheless, the senator said that the Philippines’ possible return to the ICC is dependent on Marcos’ decision.

“The president is the chief architect of foreign relations, foreign policy so it is under his discretion to do that. He can do that,” he said.

“We have to respect whatever the decision of the president is. Tingnan lang natin the next development (let’s just wait for the next development),” he added. —with Llanesca T. Panti and Hana Bordey/KBK/VBL, GMA Integrated News