Opposition: Openness to ICC a step toward justice

The Justice Department’s recent announcement that the Philippine government would “talk” with the International Criminal Court (ICC) “very soon” was a significant move toward accountability for drug war killings during President Rodrigo Duterte's administration, according to opposition lawmakers.

Senate Deputy Minority Leader Risa Hontiveros welcomed the development, describing it as a step toward justice.

“These [DOJ remarks] give us hope that real justice for the thousands of victims of the former administration’s killing spree could finally come,” Hontiveros said.

"Kung magkakaroon man ng pag-uusap sa pagitan ng ating gobyerno at ng ICC, makita sana ng gobyerno na kailangan nitong tumulong sa imbestigasyon, ‘di lang dahil sa treaty obligations natin, kundi lalo na para sa mga pamilya nina Kian delos Santos, Carl Angelo Arnaiz, Reynaldo 'Kulot' de Guzman, at iba pang mga pamilya na matagal nang dumadaing ng hustisya," she added.

(If discussions between our government and the ICC take place, I hope the government recognizes its duty to assist in the investigation—not only because of our treaty obligations but also for the families of Kian delos Santos, Carl Angelo Arnaiz, Reynaldo "Kulot" de Guzman, and countless others who have long been crying out for justice.)

Justice Secretary Jesus Crispin Remulla, in an interview, stated that the government was prepared to engage with the ICC “in the spirit of comity.”

"Some people are trying to bridge the divide to bring us together, so we can sit at one table," Remulla explained, emphasizing that while areas of cooperation exist, “lines have to be drawn properly.”

While Executive Secretary Lucas Bersamin had said that the Philippines’ withdrawal from the ICC had taken effect, if the ICC coursed its requests through Interpol, the government would certainly respond to it.

'Makabuluhang hakbang' 

Opposition lawmakers in the House of Representatives echoed Hontiveros’ views.

"Ang pagbubukas ng DOJ sa pakikipag-ugnayan sa ICC ay mahalaga at makabuluhang hakbang para sa hustisya," said House Deputy Minority Leader France Castro.

"Ngunit hindi sapat ang limited cooperation lamang. Kailangang bumalik ang Pilipinas bilang miyembro ng ICC upang mapanagot ang lahat ng responsable sa mga pagpatay.”

(The DOJ's openness to engaging with the ICC is a significant and meaningful step toward justice. However, limited cooperation is not enough. The Philippines must rejoin the ICC as a member to ensure accountability for all those responsible for the killings.)

Gabriela Party-list Representative Arlene Brosas called for concrete action, citing the lack of progress in domestic investigations.

“We call on the Marcos administration to take the next logical step - restore Philippine membership in the ICC," Brosas said.

Brosas added that justice should not be limited to mere discussions. Concrete action was needed for the victims and their families. The perpetrators must be held accountable, and the families must be given compensation.

Kabataan Party-list Representative Raoul Manuel emphasized the importance of international accountability mechanisms in addressing systemic issues.

"The path to justice begins with acknowledging past wrongs and working with international accountability mechanisms," said Manuel. 

"Dahil sa kabulukan ng ating sistema ng hustisya, ang ICC ay maaaring maging instrumento ng hustisya, hindi hadlang sa ating soberanya," he added.

(Due to the corruption in our justice system, the ICC can serve as an instrument of justice, not a hindrance to our sovereignty.)

The Makabayan bloc collectively called on President Ferdinand “Bongbong” Marcos Jr. to reinstate Philippine membership in the ICC, cooperate fully with investigators, strengthen domestic justice mechanisms, and protect witnesses and victims’ families.

Bound to investigate, prosecute

ICC Assistant to Counsel Atty. Kristina Conti reminded the government that cooperation with the ICC was mandated under Article 127 of the Rome Statute, even after the country’s withdrawal in 2019.

Article 127 states: “Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings...nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”

“The Marcos administration is bound to investigate and prosecute extrajudicial killings and other such crimes,” Conti said, adding that the administration cannot afford to ignore this responsibility.

She noted that the DOJ’s position aligned with the ICC’s mandate.

Contradiction

Not everyone welcomed the DOJ’s remarks. Former Labor Secretary Silvestre Bello III, counsel for Duterte, and former Chief Presidential Legal Counsel Salvador Panelo argued that the pronouncement contradicted President Marcos’ stance.

“Former President Duterte clearly stated that the ICC has no jurisdiction in our country," Bello told GMA News Online.

"This was supported by President Marcos when he stated emphatically that to allow the ICC to come and investigate is an affront to our sovereignty and an implied admission that our justice system is not working.”

Duterte himself previously invited the ICC to investigate him for crimes against humanity.   

“The ICC does not scare me a bit. They can come here anytime,” Duterte said. "[Let them] start the investigation. I would welcome that... I did it for my country and for the young people in drugs. [I have] no excuse, [have] no apology,” 

Government records show at least 6,000 drug suspects were killed in police anti-drug operations during the Duterte administration. Human rights groups estimate the figure at around 30,000, including those killed by alleged vigilantes. — DVM, GMA Integrated News