MANILA — The International Criminal Court (ICC) lacks the authority to take “coercive actions” in its investigation into former President Rodrigo Duterte’s war on drugs, as the Philippines is no longer a member of the treaty that established the tribunal, according to the Department of Justice (DOJ).
During a news forum on Saturday, DOJ Undersecretary Raul Vasquez stated that while ICC representatives can enter the Philippines, the tribunal cannot execute actions such as arrests or subpoenas in relation to the drug war probe.
“Anybody, any foreigner can come here but as to whether they can do certain coercive actions, that cannot be done,” Vasquez said, emphasizing that “once they do that they would have to face the consequences of being dealt with by the law enforcement agencies.”
“Ano ‘yung mga coercive actions? Mag-aresto sila ICC? Hindi puwede. That would be a serious affront to our independence and sovereignty. Magpadala ng subpoena? Hindi rin sila puwede dahil hindi na nga tayo saklaw, eh,” he explained.
The Philippines, under Duterte, withdrew from the Rome Statute, the treaty that created the ICC, in 2019 after the tribunal began its investigation into his administration’s drug war.
Vasquez’s remarks came after Justice Secretary Jesus Crispin Remulla indicated that while the Philippines would not obstruct the International Criminal Police Organization (Interpol) if it were to be involved in executing the ICC’s potential arrest orders, the government would still “study the possibilities or the implications of dealing with the Interpol on this matter.”
Vasquez added that Interpol’s role in implementing the ICC’s arrest orders in the Philippines remains “a very fertile source of discussion.”
The DOJ clarified that the ICC and Interpol are distinct entities. Should Interpol implement an arrest order in the Philippines, it would still follow a specific process.
“Ang sistema ay magre-request lang ng assistance ‘yung mga law enforcement para ipatupad ‘yung WOA (warrant of arrest) na in-issue ng mga judicial authorities ng requesting country,” he said.
“The system in place is that law enforcement units request assistance in enforcing a WOA issued by judicial authorities of the requesting country,” he elaborated.
Remulla confirmed that the Philippine government had received a request from the ICC to assist in interviewing “five persons.” However, he reiterated that the Philippines has no obligation to cooperate with the ICC since the country has withdrawn from the tribunal.
When asked if the Philippine government had formally denied the ICC’s request for assistance, Remulla stated that the government had only “taken note” of it.