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Friday, March 29, 2024

That ICC case against Duterte

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Administration spokesmen and supporters are quick to dismiss the crimes against humanity case filed before the International Criminal Court against President Rodrigo Duterte.

Presidential Legal Counsel Sal Panelo said the case will not proper because the ICC has no jurisdiction. Filed by lawyer Jude Sabio, the landmark case is the first to be filed against  an incumbent head of state. But as everyone knows, it would be difficult to arrest and take custody of a sitting president with his awesome powers.

Cases of crimes against humanity were filed in The Hague against past leaders of Serbia, the remaining  state of the former Yugoslavia. Former Serbian President Slobodan Milosevic died in prison while undergoing trial. Others are still being tried, caught while on the run.

Sabio’s case against Duterte is related to the alleged extrajudicial killings in the President’s brutal war on drugs. The documentary evidence accounts of victims’ relatives, a Reuters report on the EJK and Duterte’s own public statements telling the police to take no prisoners practically giving them a license to kill. These public utterances by the mercurial Philippine president would make extrajudicial killings a state policy. Mr. Duterte may not realize it but what ever he says in public, except when he’s cursing, assumes the aura of state policy.

In short, Duterte’s helter-skelter statements had provided the cornerstone for Sabio’s case in the ICC. Panelo and company may take a dismissive attitude about it but in truth, I think they know the President is in trouble.

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Panelo’s dismissive statement that ICC has no jurisdiction shows Sal is clueless about the ICC. The Philippines is a signatory state on the ICC conceptualized in Rome which specified its scope and jurisdiction.

The President of the Republic of the Philippines is immune from suit during his incumbency. A case or an impeachment against Duterte will not prosper given his grip on Congress after winning the presidency in 2010. But the ICC case is international in nature; given Digong’s diatribes against international institutions like the United Nations, the European Union and human rights groups, the ICC might just give due course to the Sabio complaint.

As usual, the Palace and its supporters claim the case was instigated and funded by the opposition Liberal Party. While that claim may have a shade of credence because of the Philippine political milieu, the fact is, according to objective legal observers, the charges have strong legal basis.

Another claim by Presidential Spokesman Ernesto Abella is that the timing of the case filing is meant to smear the President who’s hosting the Asean Summit in Manila to be attended by US President Donald Trump.

Aside from President Duterte, other administration official included in the ICC case are Justice Secretary Vitaliano Aguirre, Defense Secretary Delfin Lorenzana and Philippine National Police Director General Ronald “Bato” dela Rosa who are at the forefront of  the bloody war on drugs.

Gina and the NPA

Meanwhile, what’s this we hear that Environment and Natural Resources Secretary-designate Regina Lopez wants to work with the communist New People’s Army for better implementation of mining rules?

Gina’s statement must have sent shivers to mining companies. The outrageous proposal borders on treason since the NPA is an enemy of the state. Aside from arson, kidnapping and ambuscades of government troops, the NPA is known for extortion as it exacts revolutionary taxes on mining companies operating in far-flung places.

Miss Lopez should focus on getting herself confirmed by the bicameral Commission on Appointments. Bypassed by the CA but reappointed by the President, Gina still faces rough sailing in the CA especially after her recent run-in with a BusinessWorld reporter. For being persistent in interviewing Lopez, Gina called the reporter a “mere employee”  while  lacing her abrasive language with the “f” word.

For sure the CA members will take note of this incident in determining Gina’s  fitness for the position of  DENR secretary.

As Environment secretary, Miss Lopez has just polluted the air with her foul and  toxic language. It’s rather odd that her demeanor with the BusinessWorld reporter runs against the grain of the Hare Krishna group which she joined in India when she was a young rebellious daughter of the rich Lopez family.

The big question is why Digong still supports Gina even as he attacks the Lopez-owned ABS-CBN television network for being biased in its coverage of him.

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