A lawmaker warned on Monday that the Philippines could incur sanctions if it fails to cooperate with the International Criminal Court’s (ICC) investigation into the controversial drug war that unfolded during the term of former President Rodrigo Roa Duterte.
Manila Rep. Joel Chua said the Philippines cannot afford to risk its relationship with the United Nations, given the cooperation agreement between the United Nations (UN) and the ICC.
“That will be a problem, as far as I can see, we are with the [UN], so of course [the question is] are we willing to risk our relationship here with the [UN]? Of course, we should have some foreign relationships we also keep it,” Chua said in a news conference.
President Ferdinand R. Marcos Jr. has consistently maintained that his administration will not cooperate with the ICC’s inquiry that deals with the numerous killings during his predecessor’s war on drugs.
However, Chua argued that President Marcos does not need to alter his stance because the Philippines can still engage with the ICC through the Commission on Human Rights (CHR), an independent constitutional body.
“[CHR] is an independent body. It is not under the Office of the President nor under the Legislative Department,” Chua pointed out.
The lawmaker affirmed the authority of CHR to investigate human rights violations, citing Republic Act 9851, which grants jurisdiction over crimes against humanity and war crimes to the Regional Trial Court, aligning with the focus of the ICC.
Chua, a lawyer, also addressed concerns about the consequences of the Philippines’ withdrawal from the ICC in 2019.
He pointed out that even after withdrawing, the ICC still has authority over crimes committed while the country was a member.
Chua said that what the ICC can do is to coordinate with the CHR.
“If by chance the ICC makes a decision, we have to remember that we have an agreement with the UN, and the UN and the ICC have a cooperation agreement,” he pointed out.
In a previously issued statement, Chua emphasized that as a sovereign state and a founding member of the UN, the Philippines is obligated to adhere to international law.
He also warned against obstructing the ICC investigation.
“Being a sovereign state in the international community and Founding Member of the UN, the Philippines is legally-bound to follow international law, including the UN Convention on the Privileges and Immunities of the United Nations, and to respect the United Nations Laissez-Passer or the UN Passport and all holders of the UN Passport,” Chua explained.
He added, “If the Philippines denies entry to the ICC Prosecutor, Investigators, and Staff that would be a direct offense to the UN and can make our country an outcast or pariah, along with the accompanying diplomatic and international crises.”