Malacañang on Tuesday said it would let the Anti-Money Laundering Council handle possible requests to freeze the assets of former president Rodrigo Duterte in relation to his crime against humanity case before the International Criminal Court.
“If the ICC issues an order, we will refer it to the AMLC if necessary,” Presidential Communications Office Undersecretary Claire Castro said.
“The AMLC is unprejudiced. So, if it is necessary to provide reparation or damages to anyone who is said to have been victimized (by the war on drugs), then justice must be served,” she added.
Under Article 93(1)(k) of the Rome Statute, states parties are obligated to comply with an ICC request to identify, trace, freeze or seize proceeds, property and assets, and instrumentalities of crimes for the purpose of eventual forfeiture, in relation to investigations or prosecutions.
Duterte, the first Asian head of state to face ICC charges, stands accused of the crime against humanity of murder over his years-long campaign against drug users and dealers that rights groups said killed thousands.
The ICC said in its arrest warrant there were “reasonable grounds to believe” at least 19 people had been murdered in the city by members of the “Davao Death Squad” headed by Duterte.
Additionally, based on the warrant, at least 24 people were killed by Philippines police in various locations.
Meanwhile, Malacañang parried accusations that President Ferdinand Marcos Jr. betrayed Duterte for allowing him to be arrested by Interpol on the back of an ICC warrant.
Castro reiterated the government merely honored its commitments to Interpol after some overseas Filipino workers expressed disappointment over Duterte’s arrest and surrender to the ICC.
“It is not treason if our fellow Filipinos who are complaining about the bloody killing of lives will get the justice they deserve. It is not treason if the side of former President Duterte is heard,” she said.
“Is it also treason if we ourselves gave former President Duterte the opportunity to enjoy the due process that he denied to the victims of EJK?”
Castro said there would have been repercussions if the Philippine government did not cooperate with Interpol.
“The consideration here was not being a member of the ICC. The consideration we gave was cooperating with Interpol,” she said.
The alleged crimes against humanity cited in Duterte’s arrest warrant covered those committed due to his war on illegal drugs carried out between Nov. 1, 2011 and March 16, 2019 during his time as Davao City mayor and then as Philippine president.
Duterte withdrew the Philippines from the ICC in 2019, following the court’s move to investigate alleged EJKs linked to his anti-drug campaign.
The Supreme Court earlier unanimously ruled that the ICC retains jurisdiction over offenses committed while the Philippines was still a member of the Rome Statute.
“Mechanisms that safeguard human rights and protect against grave offenses sought to be addressed by the Rome Statute remain formally in place in this jurisdiction. Further, the International Criminal Court retains jurisdiction over any and all acts committed by government actors until March 17, 2019. Hence, withdrawal from the Rome Statute does not affect the liabilities of individuals charged before the International Criminal Court for acts committed up to this date,” the High Court ruled in March 2021.
Editor’s Note: This is an updated article. Originally posted with the headline “Palace: AMLC to handle requests to freeze Duterte’s assets.”