In his Talk to the People appearance on Oct. 4, President Rodrigo Duterte hinted that he has started to look at his future outside of Malacanang.
But he can’t seem to decide what to do with the impending investigation by the International Criminal Court (ICC) on alleged crimes against humanity committed in his all-out war against illegal drugs.
Watch this video:
Several Malacañang officials, such as Spokesperson Harry Roque and Chief Legal Counsel Salvador Panelo, have been asserting that Duterte never gave marching orders to the police to just kill all suspected drug personalities and that the ICC can no longer compel the country to cooperate in court proceedings following its withdrawal in March 2019.
Asked why the Philippine government refused to participate in the investigation of the ICC to clear allegations of human rights abuses in the drug war, Roque said in a Sept. 16 briefing that it would be a “violation” of the country’s sovereignty and jurisdiction.
Duterte has maintained that he would rather appear before a Philippine court than face the ICC. He even taunted the ICC in February 2018, saying he would prefer to face a firing squad than imprisonment if found guilty.
BACKSTORY
On Sept. 15, the ICC Pre-Trial Chamber I approved the request of the court’s prosecutor to investigate alleged crimes against humanity that occurred in Duterte’s anti-drug campaign from July 1, 2016 to March 16, 2019. The chamber said it believes that based on available evidence, the drug war cannot be seen as a legitimate law enforcement operation and the killings “neither as legitimate nor as mere excesses in an otherwise legitimate operation.” (See ICC authorizes full-blown probe into Duterte’s drug war)
The investigation also expanded the scope of the investigation to include alleged extrajudicial killings in Duterte’s hometown Davao, where he served both as mayor and vice mayor, by the notorious Davao Death Squad and police officers, among others, as early as Nov. 1, 2011.
ICC prosecutor Karim Khan has not announced any suspects who have been issued an arrest warrant or summons. Under the rules of the ICC, any sitting state official like Duterte has no immunity from criminal prosecution in the court. If Duterte is named as a suspect, he has to be brought to the court’s headquarters in The Hague, Netherlands for possible confirmation of charges and trial.
Under Article 19 of the Rome Statute, the accused person or the State that has jurisdiction over a case (i.e., it is investigating or prosecuting the case) may challenge the jurisdiction of the court or admissibility of the case.
Editor’s note: This article was updated to include the video fact-check.
Sources
RTVMalacanang, President Rodrigo Roa Duterte’s Talk to the People 10/4/2021, Oct. 4, 2021, (transcript)
Presidential Communications Operations Office, On PRRD’s latest announcement, Oct. 2, 2021
Social Weather Station, Second Quarter 2021 Social Weather Survey: 60% of adult Filipinos say it violates the intention of the Constitution if President Duterte runs as Vice-President in 2022; only 39% say he should run, Sept. 27, 2021
International Criminal Court, Judges, Accessed Oct 5, 2021
Presidential Communications Operations Office, Press Conference of President Rodrigo Roa Duterte, Feb. 9, 2018
Presidential Communications Operations Office, Press Briefing of Presidential Spokesperson Harry Roque, Sept. 16, 2021 (transcript)
Presidential Communications Operations Office, Interview with Presidential Spokesperson Harry Roque by Mike Navallo & Nikki de Guzman (ANC – Rundown), Sept. 20, 2021
Presidential Communications Operations Office, Press Briefing of Presidential Spokesperson and Chief Presidential Legal Counsel Secretary Salvador S. Panelo, Nov. 29, 2018
Daily Tribune, Brazen interference (column by Salvador Panelo), Sept. 16, 2021
Presidential Communications Operations Office, Talk to the people, Oct. 4, 2021
Presidential Communications Operations Office, Talk to the People, July 28, 2021
Presidential Communications Operations Office, Speech of President Rodrigo Roa Duterte during the Christmas tree lighting ceremony of the Office of the President, Dec. 3, 2018
Presidential Communications Operations Office, Press Conference of President Rodrigo Roa Duterte Feb. 9, 2018
International Criminal Court, Rome Statute, Accessed Oct. 5, 2021
International Criminal Court, The Philippines Situation, Accessed Oct. 5, 2021
International Criminal Court, Situation in the Philippines: ICC Pre-Trial Chamber I authorises the opening of an investigation, Sept. 15, 2021
International Criminal Court, Who’s who, Accessed Oct. 7, 2021
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