Carpio urges ex-Pres. Duterte to cooperate with ICC probe

Retired Supreme Court Senior Associate Justice Antonio Carpio on Wednesday said that former President Rodrigo Duterte should cooperate with the International Criminal Court’s (ICC) investigation into the drug war to enable him to "present his side."

Carpio said that this would be "the best thing to do" for Duterte to prove his innocence.  

“He should cooperate because if you don't show up there, then your voice is not heard, your side is not heard. So if you are innocent, you really believe you're innocent, the best thing to do is to go there and present your side,” Carpio said in an ambush interview.

In 2019, the Philippines, under then-President Duterte, withdrew from the Rome Statute, the treaty that established the ICC, after the tribunal began a probe into the drug war, followed by a formal inquiry in September 2021. 

In January, Duterte stressed that his administration had to carry out the campaign against illegal drugs to fulfill his sworn duty to protect the Filipinos.

Arrest warrant

Carpio, citing a Supreme Court decision, also said that the Philippines still has an obligation to cooperate with the ICC because the alleged crimes against humanity were committed before the country withdrew from the Rome Statute

“We are no longer a member state. But I think the decision of the Supreme Court said that since the offense of which former President Duterte is charged happened while we were members of ICC, we are obliged to cooperate up to now. That cooperation may include implementing the warrant of arrest,” Carpio said.

Meanwhile, Carpio said that implementing an arrest warrant from the ICC in the Philippines is a "new issue."

“That’s a new issue whether we are obliged to implement the warrant of arrest considering that the alleged crimes happened while we were members of ICC,” he added. 

Former Senator Antonio Trillanes IV earlier said a warrant of arrest is expected to be issued soon against Duterte and other respondents in connection with the ICC investigation into the drug war.

Solicitor General Menardo Guevarra previously said that the ICC may issue a warrant of arrest against officials of the Philippine government, but its enforcement is "another matter." 

The Philippine National Police (PNP) on  Friday also said that it it will not enforce the possible arrest warrant that will be issued by the ICC against Duterte. 

"Because there is already a question of jurisdiction kasi ito ay sa tingin natin ay panghihimasok sa sovereignty ng ating bansa,” said PNP spokesperson Police Colonel Jean Fajardo.

—VAL, GMA Integrated News