“The Marcos government should honor arrest warrants issued in the course of these investigations and cooperate to bring those charged to The Hague for trial”
Lately, the issue of whether the Philippines should rejoin the International Court of Justice is again being resurrected and resume the ICC’s probe of the murderous drug war initiated by the Duterte Administration.
This follows the supposed falling out between Vice President Sarah Duterte and the incumbent administration of President Bongbong Marcos.
As could be expected, the allies of Duterte are crying foul over the prospect of the country’s plan to rejoin the ICC, claiming if it does the ICC will encroach on our sovereignty.
The ICC raises questions about the sovereignty of states.
It intervenes when a state doesn’t or can’t handle crimes against humanity through its national criminal justice system, thus posing a challenge to the absolute authority of sovereign states.
Despite this, the ICC, when exercising its international judicial jurisdiction, isn’t classified as a foreign criminal jurisdiction.
The issue of re-joining the International Criminal Court has been viewed as a matter of sovereignty by some in the Philippines.
For instance, the Philippine police accused the ICC of violating the country’s sovereignty by reopening its investigation into the government’s war on drugs.
They argued the ICC should respect the judicial processes in the Philippines as it is a sovereign country.
We recall the decision of the Supreme Court made it unmistakably clear the Philippines remains obliged to cooperate in criminal proceedings of the International Criminal Court even if it has withdrawn from it.
But the Philippines remains obliged to cooperate with the ICC despite its withdrawal from the Rome Statute.
The SC cited the Rome Statute’s provision the exit does not affect criminal proceedings pertaining to acts that occurred when a country was still a state party.
The contrary ruling cannot be justified.
Mass murderers and state sponsored human rights violators will escape accountability with the simple expedient of withdrawing from the treaty if the noose is tightening over the guilty who wield power.
Measures by the Marcos government to facilitate the reentry of the Philippines in the ICC are good for the country.
It will allow for the continuation of the investigation by the ICC Office of the Prosecutor with the expectation the suspects and charges will be determined, towards issuance of arrest warrants that can result in a trial and conviction of officials of the Philippines who instigated and encouraged the massive and systematic killings as well as torture, and even sexual violence.
In our nation’s history, there has been a notable scarcity of sanctions imposed on high-ranking individuals for their crimes.
Many have managed to evade the domestic criminal justice system, allowing them to enjoy their gains or return to power without remorse, despite clear evidence of wrongdoing.
Their impunity is bolstered by misinformation and false narratives.
The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law state the statutes of limitations shall not apply to gross violations of international human rights law and serious violations of international humanitarian law which constitute crimes under international law.
Here, untold number of victims of injustice have suffered in silence over the years.
In the interest of justice, the Marcos government should now take corrective and adequate measures to step up criminal investigations on all the willful killings in the war on drugs and bring to the courts the direct perpetrators and their superiors using relevant laws of the country.
The ICC is a friend, not the foe.
It does not bring harm to the people but instead complements the Philippines judicial system in efforts for justice.
Let’s welcome the ICC investigators to this country, provide them the usual diplomatic courtesies, and make them do their work without obstruction.
And it so warrants, the Marcos government should honor arrest warrants issued in the course of these investigations and cooperate to bring those charged – be it the former president or a sitting president – to The Hague for trial.
Let justice prevail in our land!
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