PRESIDENT Bongbong Marcos has declared that the Philippines will no longer be corresponding with the International Criminal Court (ICC).
This was after the appeals chamber of that court, in a split decision, denied the appeal of the Philippines to stop the ICC prosecutor from further investigating the Duterte drug war.
Marcos said “we’re done talking with the ICC. Like what we have been saying from the beginning, we will not cooperate with them in any way, shape, or form.”
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Ostensibly, this sounds like Marcos is protecting his predecessor Rodrigo Duterte.
Sen. Francis Tolentino’s reaction is quite telling, however. In a television interview, the Senator said “disengagement would really mean that formally we will not allow them – not cooperate. But they should be monitoring what would be happening within the premises of the ICC.”
Tolentino urged the Solicitor General to continue monitoring the proceedings because disengagement “should not mean a total lack of communication.”
“We should be aware of what’s going on,” Tolentino added.
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The total lack of participation on the part of the Philippines, as announced by the President, may mean that the potential indictees of crimes against humanity will henceforth be waiting blindly for the results of the ICC prosecutor’s investigation.
Sen. Bato dela Rosa celebrating the disengagement may have been premature.
The appeals chamber had earlier denied the Philippines’ request for suspensive effect, which meant that pending resolution of said appeal the prosecutor had been exercising his investigative powers in accordance with the Rome Statute.
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Vera Files recently reported that aside from former President Duterte and Sen. Dela Rosa, Vice President Sara Duterte-Carpio and Sen. Christopher Lawrence “Bong” Go were also mentioned in documents submitted to the ICC.
The investigation covers the period from 2011 when the Rome Statute became effective in the Philippines until March 2019 when its withdrawal from the treaty became official. The prosecutor’s earlier documents mentioned Davao City as a particular area of concern. Vice President Carpio-Duterte was mayor of that city from 2010 to 2013 and from 2016-2022.
Sen. Go was executive assistant and personal aide to Rodrigo Duterte when the latter was Mayor and allegedly presided over the infamous Davao Death Squad (DDS).
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There may be some indication that a person is being investigated for crimes defined by the Rome Statute when that person is questioned either by the ICC prosecutor or by local authorities when they are cooperating in the investigation.
The investigation is subject to the rights of the persons being investigated, akin to the rights guaranteed under our Bill of Rights.
Crimes against humanity and other crimes within the jurisdiction of the ICC are committed by individuals and not by artificial corporate entities like a state.
These individuals may find the need to “lawyer-up” once it becomes apparent that they have been identified as probable candidates for indictment.
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Proceedings before the ICC are judicial in character.
On the other hand, the decision to cooperate with the ICC when a formal request is made by its chambers will decidedly be politically charged.
Failure to cooperate may be referred to the UN Security Council. This may be cited in the future as an overriding concern that can turn the tide in favor of the prosecution.
The Vice President, a frontrunner in the 2028 presidential elections, may find herself at the mercy of her peers at the executive department./PN
