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Duterte, Bato advised not to go to countries with ICC jurisdiction


Justice Secretary Jesus Crispin Remulla on Wednesday advised former President Rodrigo Duterte and Senator Ronald “Bato” Dela Rosa to refrain from visiting countries that could be influenced by the International Criminal Court (ICC) should it issue a warrant for their arrest.

“'Wag kayo pupunta sa lugar na maaaring makialam ang ICC… Sa ibang bansa kung tingin natin ay may pag-aalangan ay 'di mag-usap muna kami kung aalis, kung pupunta sila sa ibang bansa na maaaring magkaroon ng problema,” Remulla said in a media briefing.

(Don’t go to countries where ICC could intervene. I can talk to them before they visit countries they are unsure of, if they will visit countries where there could be problems.)

Remulla said Duterte and Dela Rosa, the chief of the Philippine National Police under the Duterte administration, are citizens “who also need our protection.”

“Kasi ano 'yan eh, they’re citizens of the Republic who also need our protection, so we have to tell them, advise them properly,” he said.

(Because they’re citizens of the Republic who also need our protection, so we have to tell them, advise them properly.)

The Justice secretary issued the remark a day after the ICC Appeals Chamber denied the government’s appeal against the resumption of the investigation into the controversial drug war.

Under the drug war, at least 6,200 suspects were killed in police operations based on government records. Human rights groups, however, claimed the actual death toll could be from 12,000 to 30,000.

If the ICC issues arrest warrants against Duterte and Dela Rosa, the two officials would join the ranks of Russian President Vladimir Putin, whom ICC judges ordered arrested over the war crime accusation of unlawfully deporting Ukrainian children.

Because of this, South Africa has asked ICC to exempt it under ICC rules after Putin has been invited to the BRICS summit in August.

South Africa, a signatory to the Rome Statute, is seeking an exemption under ICC rules based on the fact that enacting the arrest could threaten the "security, peace and order of the state," according to South African President Cyril Ramaphosa.

The ICC treaty states that a member country should consult the court when it identifies problems that may impede the execution of a request, and that the court may not proceed with requesting an arrest if this would require a state to break international rules on diplomatic immunity.

'Hanapin niyo ako'

The Philippine Senate, meanwhile, has said that it will not give up Dela Rosa unless there’s a local warrant for his arrest. For his part, Dela Rosa said he would protect himself from arrest.

"Hanapin niyo ako. I am within the territorial jurisdiction of the Philippines. Dito lang ako…Kung mahanap nila ako, ang next step nila is arestuhin nila ako. Then tingnan nila kung maaresto nila ako...Kung gusto nila akong hulihin, hanapin nila ako. Andyan lang ako sa Senado," Dela Rosa said.

(Look for me.  I am within the territorial jurisdiction of the Philippines. I'm just here... If they find me, their next step is to arrest me. Let me see if they can arrest me. If they want to arrest me, they have to look for me. I'm just there in the Senate.)

According to Dela Rosa, Duterte also laughed off the prospect of the ICC continuing its investigation a few days before the appeal was rejected. 

Former President Rodrigo Duterte and then Philippine National Police chief Ronald dela Rosa announce the disbandment of police operations against illegal drugs at the Malacanang Palace in Manila, Philippines January 29, 2017. Justice Secretary Jesus Crispin Remulla advised them to avoid going to countries that could be influenced by the International Criminal Court should it issue a warrant for their arrest. REUTERS/Ezra Acayan/File Photo

 

Not surprised

When sought for comment, Remulla said he was not surprised by the ICC and added that the government was pleased that two out of the five judges did not agree with the ruling.

“Isang bagay ‘yan na nagsasabi sa atin na nasa tamang landas tayo ng pag-iisip tungkol sa sovereignty ng Pilipinas na hindi tayo puwedeng magpasakop sa mga taong nais pakialaman ang sistema ng hustisya na gumagana naman sa ating bansa,” he said.

(This is a sign that tells us that we are on the right track in our opinion on the sovereignty of the Philippines and that we will not allow ourselves to be conquered by people who want to interfere with our working justice system.)

Remulla maintained that the country will no longer engage with the ICC following the dismissal.

“Hindi na tayo makikipag-usap sa kanila. Hindi natin sila kailangan sa ating bansa. Hindi natin sila gustong pumunta dito, at 'wag na 'wag silang pupunta dito sapagkat ang gagawin nila ay usurpation of authority in the Philippine government. Magkakaproblema tayo dito,” he said.

(We will no talk with them. We don’t need them here. We do not want them to come here, and they should not come here because what they will do is usurpation of authority of the Philippine government. We will have problems.)

Remulla said he will tell Solicitor General Menardo Guevarra to cease contact with the ICC once they meet on Monday during the State of the Nation Address of President Ferdinand Marcos Jr..

Human Rights Watch

Meanwhile, Remulla hit the Human Rights Watch (HRW), a vocal critic of the war on drugs, claiming that the humanitarian rights group is part of the Communist Party of the Philippines-New People’s Army-National Democratic Front (CPP-NPA-NDF).

“Tignan mo ha, ‘yung mga nagsasalita kasi na tumutuligsa sa atin, karamihan, marami kasi diyan kakampi niyan ang National Democratic Front. ‘Yang Human Rights Watch na ‘yan, kakampi ng National Democratic Front ‘yan,” Remulla said.

(You see, the ones criticizing us, majority of them are allies of the National Democratic Front. That Human Rights Watch is an ally of the National Democratic Front.)

“Eh kalaban na kalaban ng gobyerno natin 'yan eh. Ang gusto lang ng NDF-CPP-NPA, pabagsakin ang gobyerno natin eh. ‘Yan ang mga lumalaban sa atin dito. ‘Yan ang mga tumutuligsa sa atin. ‘Yang Human Rights Watch na ‘yan, kakampi ‘yan ng NDF-CPP-NPA. Hindi naman natin kakampi ‘yan eh,” he added.

(That [NDF] is an enemy of our government. What the NDF-CPP-NPA wants is to overthrow the government. They are the ones fighting us. They are the ones criticizing us. That Human Rights Watch is an ally of the NDF-CPP-NPA. It's not on our side.)

When asked, HRW said Remulla’s remarks were “unfortunate” but declined to comment further as they would look into it first.

Better justice system

Remulla also said that the justice system in the country improved compared to before.

“Ang abuso ng awtoridad ay nabawasan ng husto. Makikita naman natin 'yan sa pamamalakad ng tao sa lipunan natin ngayon kung paano umuusad ang lahat,” he said.

(The abuses of authorities greatly declined. We can see this by how our society is run, how everything is progressing.)

“Nabawasan ang abuso ng mga taong naka-uniporme. Nabawasan ang mga paglabag sa hustisya na maaaring sabihin natin na malaking pinagbago ng lahat sapagkat hindi tayo pumapayag sa abusado na gobyerno… at marami po tayong dinedemanda na matataas na opisyal,” he added.

(The abuses of men in uniform decreased. Violations against justice decreased, and we can say that there have been many changes because we do not allow such abuses in government… and we are also filing complaints against top officials.)

According to Remulla, the ICC is needed in countries with no governments or working justice system. He named Somalia, Haiti, and some areas in Afghanistan as examples.

“Tayo, organisado ang ating gobyerno na may sistema ng hustisya. 'Wag nila tayo pakialamanan. Ginagawa natin ang lahat upang pairalin ang hustisya sa ating bansa,” he said.

(We have an organized government with a justice system. They should not intervene. We are doing everything we can for justice to prevail in the country.)

When sought for an update on the probe into drug war killings, Remulla said the government relies on evidence.

“Dapat meron tayong basehan na matibay sa itaas. Ang hinihiling po namin ang tulong at kooperasyon ng lahat ng tao, ng mamamayan, kung meron silang nakitang masamang nangyari ay magsuplong sila, sabihin nila, at bibigyan natin sila ng proteksyon,” he said.

(There should be a strong basis. What we are asking for is the assistance and help of everyone, of citizens. If they see something bad happening, they should come to us and inform us. We will give them protection.) —KG/KBK, GMA Integrated News