Justice Secretary Jesus Crispin Remulla clarified Thursday the jurisdiction of the International Criminal Court (ICC) in the country.
Remulla made his explanation during the hearing of the Senate Committee on Foreign Relations, led by Senator Imee Marcos, to clarify the roles of the ICC and the International Criminal Police Organization (Interpol) in the arrest of former President Rodrigo Duterte.
“As non-members of the ICC, the ICC has no jurisdiction over us as a country, but over the individuals who may have committed crimes that violate international humanitarian law. That is a universal value being held by the whole world today that people cannot cross borders and hide behind boundaries so that they can run away from the law,” he said.
Remulla noted that it is not the Philippines that is under the jurisdiction but the individuals who are charged by the ICC who are under the jurisdiction.
The Philippines belongs to a community of nations that is tried together by International Humanitarian Law (IHL) adopted by more than 150 countries, he added.
In 2009, the Philippines enacted Republic Act No. 9851, also known as the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity,” which criminalizes crimes against humanity.
The ICC tries people on individual crimes, not States so the Philippines cannot be called upon by the ICC. But when the ICC is running after individuals who are Filipino citizens then that becomes another kind of obligation, Remulla said.
Despite not being a State Party to the Rome Statute, he said that ratification does not matter in this case. IHL has become a customary law throughout the world, according to the Justice Secretary.
Meanwhile, Remulla stressed the agency did not have any contact with the ICC in relation to the investigation of the former president.
“Whatever relationship we have with the ICC is on an arm’s length basis meaning very transparent, if ever, but we have never spoken to them,” he said.