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Stay out of ICC drug war probe

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DOJ, PNP warn violators of chain of command may face sanctions

The Philippine National Police on Thursday warned cops who violate the chain of command when it comes to the policy of non-cooperation with the International Criminal Court that they may face sanctions.

The Department of Justice also warned government officials and employees against working with the ICC which reportedly started its probe into the bloody drug war of former President Rodrigo Duterte.

DOJ Assistant Secretary Mico Clavano 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.

The person/s involved could be held liable for “gross neglect of duty or disobedience to authority,” Clavano said.

The DOJ chief made the statement after former Senator Antonio Trillanes IV said he was informed that there were already police officials coordinating with the ICC.

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For her part, PNP spokesperson Col. Jean Fajardo said she inquiree with the directorates regarding Trillanes’ disclosure, but they had no knowledge on the matter.

“They have no information on the alleged PNP personnel coordinating with the ICC,” she said.

Clavano 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.

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.

For his part, Senator Ronald dela Rosa said no one from the ICC has contacted him.

Dela Rosa was the chief of the Philippine National Police during Duterte’s bloody drug war.

He was also the Davao City police chief when Duterte was the mayor during which the reported extrajudicial killings in the city perpetrated by the so-called Davao Death Squad happened.

Dela Rosa has repeatedly said he will submit himself to the ICC only if the government will tell him to do so.

Trillanes earlier said at least 50 former and active police officials were contacted by the ICC over the crime against humanity case against Duterte.

In a post on X, Trillanes said he obtained highly credible information that ICC investigators have already directly communicated with these PNP members.

He said since the former and active police officers were linked to the case against Duterte, their status may be elevated to being a suspect should they refuse to cooperate with the ICC.

ICC investigators can label the police officials as co-suspects, which could result in the imposition of travel restrictions against them, Trillanes said.

Earlier, President Marcos said his administration does not play politics with jurisdiction and sovereignty as he reiterated his position of not inviting the ICC to investigate his predecessor “more fully” despite differences with the Duterte patriarch.

Mr. Marcos said the ICC was “formed to conduct, to provide justice to areas where there is no judiciary” as he highlighted the country’s working police and justice system.

‘’We have a functioning police force. We have a functioning judiciary, and it is their responsibility to take care of that. We have made a great deal of progress in that regard where many policemen have already been removed from service because they’ve been found to be liable, cases have been filed. Many are already in jail,’’ he added.

A recent OCTA Research Survey showed at least 59 percent of Filipinos support the Philippines rejoining the ICC, with 55 percent also in favor of investigating allegations of crimes against humanity during the previous administration.

In 2019, the Philippines, under then-President Duterte, withdrew from the Rome Statute, the treaty that established the ICC, after the tribunal began a probe into his bloody drug war, followed by a formal inquiry in September 2021.

But the Hague-based tribunal said it retains jurisdiction over alleged crimes committed while the Philippines was a member from November 2011.

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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