Bato reiterates he won't participate in ICC probe, says he'd rather face Filipino court

Senator Ronald “Bato” Dela Rosa on Monday maintained that he will not be participating in the possible reopening of the investigation by the International Criminal Court (ICC) into the Duterte administration's drug war, saying he would rather face the local courts about the matter.

He made the remark after the ICC, in an order dated July 14, invited the Philippines to provide any observations on the planned reopening of the probe until September 8, 2022.

Dela Rosa stressed that it will be an “insult” to the Philippines’ justice system and a “total infringement of our sovereignty” if the ICC is allowed to come into the country and investigate the anti-illegal drug campaign.

"I'm the number two accused and gusto mo akong pumasok sa kanilang kagustuhan? Bakit ako magpa-under sa jurisdiction nila eh meron naman tayong Supreme Court dito na pwedeng mag-try sa 'tin kung meron man tayong ginawang kalokohan? Bakit sila pa? Bakit ako haharap sa mga putik na ‘yan na hindi naman nila alam ang problema ng ating bansa at ginagawa ng ating gobyerno?" he said in an interview on ANC.

(I'm the number two accused and you want me to abide by their investigation? Why should I submit to their jurisdiction when we have a Supreme Court here that can try us if we have done something wrong? Why them? Why should I face them when they don't know the problem of our country and what our government is doing?”

Dela Rosa, as head of the Philippine National Police (PNP) during the early years of the Duterte administration, implemented the Oplan Tokhang as part of the administration’s drug war.

In September 2021, the Hague-based ICC opened the investigation on the request of then-prosecutor Fatou Bensouda to probe crimes “allegedly committed on the territory of the Philippines between 1 November 2011 and 16 March 2019 in the context of the so-called 'war on drugs' campaign.”

It was however suspended in November 2021 upon the Philippine government's request to defer the investigation. But in June 2022, ICC prosecutor Karim Khan requested a pre-trial chamber to authorize the resumption of the probe.

Dela Rosa alleged that the ICC only listens to Duterte's "biased" critics.

"Sila'y nakikinig lang sa mga biased na mga kalaban ng Duterte administration. In the first place they've already shown their bias. Meron tayong Korte dito. I am willing to face the Court basta Filipino-skinned yung judge na magta-try sa akin, huwag yung mga puti na hindi alam ang problema natin dito. Hindi tayo magpapaalipin sa mga banyaga," he said.

(The ICC is just listening to the biased enemies of the Duterte administration. In the first place they’ve already shown their bias. We have a Court here. I am willing to face the Court as long as the judge who will try me is Filipino-skinned and not the foreigners who don't know our problem here. We will not be enslaved by foreigners.)

Government records showed that at least 6,200 drug suspects have been killed in police operations from June 2016 until November 2021. Several human rights groups, however, refuted the data and claimed the actual death to stand at around 12,000 to 30,000. 

Other senators favor probe

On the other hand, Senator Nancy Binay on Monday said the Philippines should follow the due course of the ICC investigation as it will undergo a legal process.

“Para naman sa akin, in the interest of transparency, kung wala naman talaga, di ba. Kahit anong kalkalin nila kung wala naman talagang basis, eh di mapagod sila ng kakahanap," she said.

“Let us follow kung ano ba ‘yung legal process. Kung wala talagang personality din naman ang ICC…kung hindi sila pwedeng pumasok or magbigay ng comment, eh di that is something siguro that the Department of Justice or the OSG (Office of the Solicitor General) can decide,” she continued.

(In the interest of transparency, if there were really no crimes, then let them investigate until they get tired. Let us follow what the legal process is. If the ICC doesn't really have personality or if they can't come here or comment, then that is something that the DOJ or the OSG can decide.)

For his part, Senator Aquilino "Koko" Pimentel III said the country should allow the ICC to decide autonomously on the probe as it is an independent international organization.

He, however, called on the ICC to finalize its decision on whether it would push through with the investigation so that the country could respond accordingly.

“‘Wag na kasi silang urong-sulong, ‘yan ang advice ko sa ICC (My advice is for them not to go back and forth). Decide once and for all on what you want to do so the Philippines can also react properly. We cannot react to a non-final decision by an outsider. Sayang oras natin (our time is wasted) if we always react to all the developments within the ICC. Let's react to a final decision and action,” he said. 

Robin supports Bato

Bato, however, found an ally in neophyte Senator Robin Padilla, who is also not in favor of the ICC investigation.

"Kung meron dapat magimbestiga dapat kapwa nating Pinoy yan. Kung gusto nyo imbestigahan si (dating) Pangulong Duterte, Pinoy dapat [If there is someone who should investigate former President Duterte, it must be a Filipino],” he told reporters in Senate.

Padilla also noted that the ICC cannot force the government to give a statement regarding the matter. —with Mel Matthew Doctor/KBK, GMA News