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Public officials, employees cooperating with ICC risk facing charges—DOJ

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The Department of Justice (DOJ) warned government officials and employees Thursday against working with the International Criminal Court (ICC), which reportedly started its probe into the bloody drug war of former President Rodrigo Duterte.

In a press briefing held in Malacañang, DOJ Assistant Secretary Jose Dominic Clavano IV said public sector workers may be held accountable for violating Republic Act (RA) No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees, if they are assisting members of the ICC.

Clavano made the statement after former Senator Antonio Trillanes IV said he was informed that there were already police officials coordinating with the ICC. The DOJ official reiterated President Marcos’ policy of not cooperating with the Hague-based international tribunal.  

“Even without verifying the information, the government’s stance has been consistent ever since. The President has been very firm in saying that we will not recognize the jurisdiction of the ICC because we indeed have a very well and robust justice system,” Clavano said.

“If there is a law enforcement or government official that goes against the policies and orders of the authorities in position, then, obviously, there will be some sort of conflict of interest. There will be accountabilities and, definitely, liabilities that go with it,” he added.

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In a separate interview, Clavano told Palace reporters that the accountability would depend on the public official’s level of participation with the ICC probe. The person/s involved could be held liable for “gross neglect of duty or disobedience to authority,” he said.

“These are the type of things that can come into play [but], at the same time, ‘pag hindi natin nakikita ‘yung facts pa at wala pang nangyayari (if we don’t have the facts and nothing has happened yet), it would be completely hypothetical to think about or to discuss,” Clavano noted.

Clavano said erring public officials are at risk of facing administrative charges and may possibly be dismissed from service if they don’t adhere to existing policies. He, however, clarified that the ethical guidelines would not affect former officials who are now considered as civilians.

At least 50 former and active police officials were reportedly contacted by the ICC in connection with the crime against humanity case against the Duterte patriarch, according to Trillanes, citing highly credible information.

Duterte carried out his war on drugs from 2016 to 2022. Under this campaign, law enforcement authorities pursued suspected drug dealers and users, several of whom ended up dead by way of summary executions.

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