Remulla: Philippines' return to ICC needs serious study

Justice Secretary Jesus Crispin Remulla on Friday said the Philippines' possible return to the International Criminal Court (ICC) required “serious” study.

“Di na tayo dapat padalos-dalos,. ‘Yung ating pagkabansa ay magkakabahid ” Remulla told reporters in a media briefing.

(We shouldn’t be impulsive in making decisions because it will affect our country.)

“We have to look up our direction, our image, our identity, seriously. Di tayo pwedeng patalon-talon lang, padalos-dalos. Di porke sinabi ng mga Kongresista sa kanilang mga resolusyon na dapat tayong kumilos sa isang direksyon eh nangangahulugan na ‘yun ang gagan?n natin,” he added.

(We have to look up our direction, our image, our identity, seriously. We shouldn’t be impulsive. We shouldn’t pursue a direction just because lawmakers filed resolutions.)

Asked if there were preparations for the possible return, the Justice Chief said, "Malayo pa tayo dun. Wala namang usapin eh. We'll live by the day."

(We're far from there. There are no discussions. We'll live by the day.)

President Ferdinand "Bongbong" Marcos Jr. earlier said the country’s return to the international court was "under study," even as he maintained that there were "problems" with 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," said Marcos.

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

The President’s 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 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 concerning any alleged crimes against humanity perpetuated in the Philippines during the Duterte administration’s drug war.

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

In July, the ICC Appeals Chamber denied the Philippine government’s appeal to stop the ICC probe on the drug war because the Philippines failed to prove to the ICC that a legitimate investigation on the drug war killings and the prosecution of the perpetrators were being undertaken by Philippine authorities.

The ICC Prosecutor Pre-Trial chamber earlier observed that “the available material indicates, to the required standard, that a widespread and systematic attack against the civilian population took place pursuant to or in furtherance of a state policy, within the meaning of Article 7(1) and (2)(a) of the Statute.”

Under the drug war, at least 6,200 suspects were killed in police operations based on government records. Human rights groups, however, claimed the actual death toll could be from 12,000 to 30,000.

In 2019, the Philippines, under then-President Duterte, withdrew from the Rome Statute, the treaty that established the ICC, after the tribunal began a preliminary probe into his administration’s drug war, followed by the launch of a formal inquiry later that year.

In 2021, the Supreme Court (SC) said the Philippines had to cooperate with the ICC despite its withdrawal from the Rome Statute. — DVM, GMA Integrated News