Former Senator Leila de Lima accused critics of the country’s possible return to the fold of the International Criminal Court of protectingformer President Rodrigo Roa Duterte from accountability for his administration’s bloody war on drugs.
De Lima said the withdrawal of the Philippines from the ICC only served the interest of Duterte and the implementors of his anti-illegal drugs campaign.
“Why perpetuate Duterte’s self-serving and shameless act of withdrawal? Those who oppose rejoining the ICC are only serving the interest of Duterte and others who are responsible for the murder of thousands of our countrymen,” she said.
“Why would it be so difficult to rejoin ICC when the withdrawal therefrom was highly suspect, serving only the interest of one man who obviously just wanted to evade accountability?” De Lima added.
Some 6,000 people were killed in police anti-drug operations during Duterte’s term, official government figures show, but ICC prosecutors estimate the death toll at between 12,000 and 30,000.
On Wednesday, Solicitor General Menardo Guevarra told the House committees on justice and human rights that ICC prosecutors are free to conduct their investigation here in the Philippines in the fulfillment of their responsibilities.
“We will not cooperate, but ICC investigators are free to come and do their job here,” Guevarra said.
Commission on Human Rights officials Fayda Dumarpa, for her part, said the CHR was “more than willing to coordinate” if the ICC needs its cooperation.
“We are an independent constitutionally created Commission for the promotion and protection of human rights, therefore we may and we’ll be happy to cooperate if the ICC deems fit that they need assistance from the [CHR],” Dumarpa said.
Guevarra said the decision to cooperate with the ICC investigation ultimately lies with President Marcos.
“I believe that the matter of whether we should cooperate with the ICC prosecutor is a political decision. And in that respect, the Head of the Republic, the Head of State [makes that decision,” he said.
In 2019, the Philippines, under then-President Duterte, withdrew from the Rome Statute, the treaty that established the ICC, after the tribunal began a preliminary probe into his drug war, followed by the launch of a formal inquiry later that year.
The probe was suspended in November 2021 after the government said itwas re-examining several hundred cases of drug operations.
In January 2023, the ICC authorized the reopening of the inquiry. InJuly, the ICC Appeals Chamber denied the government’s petition against the resumption of the inquiry.
For his part, Senator Christopher Go on Thursday said Duterte should be accorded due respect by the Senate and the House of Representatives if they are to invite him to attend congressional hearings on the resolutions urging the government to cooperate with the ICC.
“Let’s give what is due to our former president because he served our country. Like what I’ve said, he should be judged by his fellow Filipinos not by foreigners,” Go said.
Go said he and Duterte have yet to discuss the resolutions filed before the House and the Senate.