A video posted on YouTube claims the International Criminal Court (ICC) has found former president Rodrigo Duterte guilty and that President Ferdinand Marcos Jr. will help to have him arrested. This is not true.
The ICC has yet to complete its probe into alleged human rights abuses in the Philippines’ war on illegal drugs. Neither has it identified suspects nor begun trial. Marcos recently insisted his government will not cooperate with the international tribunal’s investigation.
Uploaded on Feb. 25, the video carried the headline:
“ICC, MAY DESISIYON NA! DUTERTE, GUILTY! SIGURADONG MAKUKULONG! PBBM, TUTULONG SA PAGHULI.
(ICC has a decision! Duterte, guilty! Will definitely be jailed! PBBM will assist in arresting).”
Its thumbnail also bore this text: GUILTY SI DUTERTE! ICC CONFIRMED. SIGURADONG MAKUKULONG NA SI PRRD (Duterte is guilty! ICC confirmed. PRRD will definitely be imprisoned).”
The ICC has not issued any decision nor arrest warrant against Duterte for the extrajudicial killings linked to the Davao Death Squad and the bloody drug war during his presidency.
The Netherlands-based tribunal is still investigating the former president and other individuals named in probe documents submitted to the court. (READ: VP Sara, 2 senators named in ICC probe documents)
Once investigations are concluded, the ICC prosecutor would first need to charge suspects and issue summons or arrest warrants before a trial could take place. However, hearings cannot begin if a suspect fails to appear before the court.
Moreover, there has been no pronouncement from Marcos that he will assist in having Duterte arrested if the ICC issues a warrant.
Instead, Marcos said in a Jan. 23 speech that while the ICC is free to come to the Philippines, the government will not cooperate with them, citing its lack of jurisdiction in the country:
“I do not recognize the jurisdiction of [the] ICC in the Philippines. The Philippine government will not lift a finger to help any investigation that the ICC conducts. However, as ordinary people, they can come and visit the Philippines.”
Source: ANC 24/7 YouTube channel, “Marcos denies PH gov’t helping ICC in its probe into Duterte’s bloody drug war | ANC”, Jan. 23, 2024 (from 0:52 to 1:20)
Although the Philippines has withdrawn its ICC membership, the court maintains jurisdiction over alleged crimes against humanity committed between November 2011 and March 17, 2019, while the country was a member.
The Supreme Court also affirmed that the country has an obligation to cooperate with the ICC. (RELATED: For the second time, Justice secretary’s claim on ICC jurisdiction over PH needs context)
The video emerged days after a Social Weather Stations poll found that 56% of Filipinos agree that the government should cooperate with the ICC’s probe into Duterte’s drug war.
Another survey from OCTA Research released in February showed that 59% of Filipinos want the Philippines to rejoin the ICC.
Uploaded by previously fact-checked YouTube channel Gazette PH the video has received 4,403 interactions. Facebook users also reposted the link.
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