DAVAO CITY (MindaNews / 13 August) – Former President Rodrigo R. Duterte reiterated that he does not recognize the investigation by the International Criminal Court (ICC) on the controversial “war on drugs” during his administration, saying the ICC has no jurisdiction over the Philippines.
During a pre-recorded episode of “Basta Dabawenyo” uploaded on the Youtube channel CM Baste Duterte, the former president said the question he would like to ask is whether the ICC could still prosecute him.
“I do not recognize that. Are we or are we not? My question is, does it have jurisdiction? I’m a lawyer. I used to be a fiscal, so when I face a case at the court, every day, I would ask that. Do I have the power? Do I have jurisdiction over the case that I am prosecuting?” he said.
Duterte lambasted the ICC for singling out the Philippines, particularly his administration, for his controversial policy against illegal drugs when there are more serious crimes happening in other parts of the world.
Duterte claimed that the US, for instance, has done more serious injustices, including “massacre,” but the ICC has not done anything to stop it.
“There’s a lot of injustice and violence going on. It’s senseless. It also happened here, especially perpetuated by the Americans but you didn’t do anything,” he said.
Duterte also claimed that the ICC was created by Europeans to go after their former colonies.
At the “’Unsay Mapalit sa imong 20 pesos?’: A Pre-SONA Forum” at the Ateneo de Davao University last July 20, former Bayan Muna representative Neri Colmenares said that the jurisdiction of the ICC over Duterte’s “drug war” should never be an issue.
Citing Article 17 on Issues of Admissibility under the Rome Statute, Colmenares said that a case is inadmissible before the ICC if the case is being investigated or prosecuted by the State, unless the State is unwilling or unable to investigate or prosecute.
Refuting claims by allies of the former President, Colmenares said the ICC has jurisdiction over the “drug war” of the previous administration since Duterte cannot be prosecuted “even if the justice system is working” owing to his presidential immunity from all suits.
“Ang totoo kasi hindi sya pwedeng kasohan ng pamilya sa pilipinas because he will claim presidential immunity. Ididismiss ng korte yan. File file ka ng kaso dito sa Pilipinas, Presidente yan, immune. (The truth is that the families [of the victims] in the Philippines cannot sue him because he will claim presidential immunity. It will be dismissed by the court. You file a case here in the Philippines, that’s the President. He is immune),” he said.
Colmenares said this is why the families of the victims have no other recourse but to file the case before the ICC since the Philippine justice system could not prosecute Duterte.
Government records say over 6,000 were killed in anti-drug operations from June 2016 until May 31, 2022, but human rights groups estimate that the death toll may be as high as 30,000.
Then-ICC prosecutor Fatou Bensouda announced that the ICC will conduct a preliminary examination of these deaths in February 2018. The pre-trial investigation began five years later on Sept. 15, 2021—covering crimes allegedly committed in the country between Nov. 1, 2011, the date the Rome Statute became effective in the Philippines, and March 16, 2019. This expands the scope of the investigation beyond the Duterte presidency’s “war on drugs” to also include killings during Duterte’s time as Davao City mayor.
On 17 March 2018, then-President Duterte formally notified the UN Secretary-General that the Philippines was withdrawing from the Rome Statute. The withdrawal became effective on 16 March 2019, a year after its receipt by the UN Secretary General. (Antonio L. Colina IV/MindaNews)
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