IN WHAT manner may the Philippine government cooperate with the International Criminal Court in the investigation and prosecution of crimes against humanity allegedly committed by certain individuals in Philippine territory?
To recall, two committees of the House of Representatives (Justice and Human Rights) have passed a resolution urging the government to cooperate with the ICC prosecutor whose fact-finding was given the green light by the ICC appeals chamber in July last year.
The House panel is also expected to coordinate with their counterparts in the Senate to come up with a joint concurrent resolution on State cooperation.
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The Philippine Supreme Court has already declared that the Philippines’ withdrawal from the ICC under Rodrigo Duterte did not discharge the State from the obligations it had incurred while it was still a member.
The treaty signed by the Philippines, the Rome Statute, provides that State Parties must “cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.”
The request for cooperation, once issued by the ICC, requires the requested state to keep that request confidential including all documents supporting the request.
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Cooperation is necessary when the ICC transmits a request for the arrest and surrender of a person who may be found on the territory of the requested State. The treaty requires a state party to comply with such a request.
Assistance might also be needed in taking evidence or testimony under oath, the questioning of a person being investigated, the service of documents, the execution of searches and seizures, examination of sites including the exhumation of grave sites, etc.
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Citing impeccable sources, former presidential spokesperson Harry Roque has announced in social media that ICC probers have already been sent to the Philippines.
Secretary Jesus Crispin Remulla says that he doubts the veracity of the information because the investigators have not contacted the Department of Justice, which is supposedly their duty under international law.
Is all this sheer political noise or are ICC investigators actually on the ground?
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Take note that the Rome Statute provides that requests for cooperation are transmitted through the diplomatic channel or some other channel designated by the state. This is not necessarily the DOJ.
It may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
What is important, however, is that state parties have to ensure that there are procedures available under their national law for all the forms of cooperation specified in the Rome Statute.
This is where the guidance of the DOJ may be necessary.
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Will the envisioned concurrent resolution of both houses of Congress carry the template on state cooperation that will pave the way for a formal engagement with the ICC?
Was this not so subtly implied by President Marcos himself when he said that government is now studying the possibility of rejoining the ICC – which is a complete turnaround from his anti-ICC position at the beginning of his term?
The senators from Davao must be pondering these possibilities as they face the prospect of debating with colleagues when sessions resume in late January./PN
