The Sword of Damocles

NAAWAN, Misamis Oriental (MindaNews) – Last November when the House of Representatives passed a resolution urging the palace to cooperate with the International Criminal Court (ICC) on its probe of the war on drugs in the country, President Ferdinand Marcos Jr. declared to study the possibility of rejoining the Court. Yet, he stated that the ICC is a threat to Philippine sovereignty and he does not recognize its jurisdiction over the country.

It should be noted that on March 17, 2019, former president Rodrigo Duterte withdrew the membership of the Philippines from the Rome Statute that created the ICC, after the Court said it would investigate alleged crimes against humanity related to his vicious war on illegal drugs. Government estimates counted 6000 alleged drug offenders who perished in the campaign, while human rights watchers claimed that the number of victims was several times higher, mostly eliminated via extrajudicial killing by vigilantes encouraged no less by the former President.

The withdrawal was thought to mean the ICC would lose jurisdiction over crimes against humanity in the country. Legal pundits think otherwise, saying per policy of the Rome Statute, the Court continues to possess jurisdiction over crimes committed before the withdrawal of a member state takes effect.

Moreover, on 21 July 2020, the Supreme Court of the

Philippines ruled that the government remains obliged to cooperate in criminal proceedings of the ICC even if it has withdrawn from the Rome Statute.

Notwithstanding the realities, if only to assuage the anxiety of his political allies over the ICC probe, Marcos reiterated that the ICC has no jurisdiction over alleged crimes committed in our land and would not therefore allow its entry into the country. Yet, this runs counter to his earlier announcement to study the possibility of rejoining the Rome Statute.

The ambivalence of Marcos on the issue sent jitters among those who would likely be charged before the ICC. So much so that stories circulated alleging that ICC personnel were already in the country in late 2023. For instance, former senator Antonio Trillanes IV cited an “inside information” that ICC investigators allegedly visited the country in December last year and were able to interview and complete the gathering of information on Duterte and other individuals involved in the drug war. Hence, the issuance of a warrant of arrest against Duterte and other respondents is just a matter of time.

Senator Bato de la Rosa, one of the primus offenders, appealed to Marcos to be “man enough” to tell the truth, that is, whether the ICC is already in the country or not.

The appeal or challenge was unnecessary. On January 23, 2024, PBBM said that the International ICC may visit the Philippines, but the government will not cooperate in the international tribunal’s investigation into the country’s war on illegal drugs.

Marcos made the statement following reports that ICC investigators were able to gather information and evidence for a possible case of crimes against humanity against former president Duterte and other personalities linked to the drug war of the previous administration.

He reiterated the ICC has no jurisdiction over the country. Yet its personnel may come as ordinary persons.

Marcos said the government is keeping an eye on the ICC to make sure that it would “not come into contact with any agency of government."

He added he has already instructed all government offices, including law enforcement agencies and local government units, to evade any queries of the ICC, in case it tries to contact them.

Whatever the premises and whatever the justifications, whether the ICC is welcome or unwelcome, the