ICC prosecutor no comment on alleged warrant vs. ex-Pres. Duterte

The International Criminal Court (ICC) Office of the Prosecutor has refused to comment on the alleged warrant of arrest against former President Rodrigo Duterte.

“The ICC Office of the Prosecutor does not comment on ongoing investigations and has no comment on these reports,” it said in a message sent to GMA Integrated News.

This came amid reports that the former president has been issued a warrant amid the ICC's probe into his administration’s war on drugs.

According to the  ICC, the probe focuses on crimes allegedly committed in the country between November 1, 2011 to March 16, 2019.

“Confidentiality is a crucial part of our work and is essential to protect the integrity of investigations and to ensure the safety and security of victims, witnesses, and all those with whom the Office interacts,” it said.

In 2018, relatives of victims and religious group Rise Up for Life and for Rights filed a complaint against Duterte for alleged crimes against humanity.

Meanwhile, ICC Assistant to Counsel lawyer Kristina Conti also said she could not confirm that the ICC has issued an arrest warrant.

However, she said that it may be “possible.”

“Ako hindi ko isinasantabi na posibleng totoo. Posibleng totoo, kaya lang ang hirap kung kami naman ang magkumpirma,” she said in an interview on Super Radyo dzBB on Monday.

(I am not dismissing the possibility that it could be true. It could be true, but it is difficult for us to confirm it.)

Conti said that only the Philippine government or the ICC Prosecutor may confirm the alleged issuance.

“May factor kasi ‘yung pag-aannounce ng warrant of arrest. Sa ICC, secret ‘yan. Hindi talaga ‘yan naka-announce para masigurado na mahuhuli. Ngayon, kung ia-announce eh talagang puwede pumuslit,” she said.

(The announcement that there is a warrant is a factor. In the ICC, that’s a secret. They don’t usually announce it to ensure the arrest. Now, if you announce it, then there’s a risk that the person could slip away.)

Meanwhile, if the warrant is true, Conti said that the warrant may be forwarded to the Office of the President instead of the Department of Foreign Affairs (DFA).

This is because the Philippines is no longer part of the ICC.

During Duterte’s term in 2019, the Philippines withdrew from the Rome Statute or the treaty that established the ICC, after the tribunal started a probe into his drug war.

“Dapat DFA ang dadaanan kung tayo ay member state kasi ‘yun ang representative natin. Eh, ngayong hindi na tayo member, didiretso ‘yan malamang sa malamang sa Office of the President tapos bahala na siya idispatsa,” she said.

(It should be the DFA if we are a member state because that is our representative. But now that we are no longer a member, that may be forwarded to the Office of the President and it is up to the office to disseminate it.)

She said the warrant may then be forwarded to the Department of Justice and the Department of the Interior and Local Government.

For his part, Duterte maintained that his actions as president were aimed at ensuring peace and order in the country.

Malacañang on Sunday ensured readiness amid speculations that the ICC has allegedly already issued a warrant of arrest against Duterte.

“We’ve heard that an arrest warrant has been issued by the International Criminal Court against former President Rodrigo Duterte for crimes against humanity,” Presidential Communications Office Ad Interim Secretary Jay Ruiz said in a statement.

“The government is prepared for any eventuality,” he added.

Palace Press Officer Undersecretary Atty. Claire Castro, meanwhile, clarified to GMA News Online that there is no confirmation yet from the Palace on the issuance of the arrest warrant.

“But as what ES [Executive Secretary Lucas] Bersamin and SOJ [Secretary of Justice] said before, if Interpol will ask the necessary assistance from the government, it will provide,” she said.

Solicitor General Menardo Guevarra also said, "We have not received any notice or communication from the ICC regarding the matter."

"Our Department of Foreign Affairs is the official entry point for any such notice or communication as a matter of diplomatic courtesy," he added.

The Philippine National Police and the House Quad Committee investigating Duterte's war on drugs have also not received any information about the alleged ICC arrest warrant, according to a report by Dano Tingcungco on Unang Balita on Monday.

"No info, Sir," PNP spokesperson Police Colonel Randulf Tuaño said.

The ICC has been investigating Duterte and other top officials of his administration for crimes against humanity over the alleged systematic drug war deaths in police operations.

These deaths reached around 6,000 based on police records, but human rights groups contend that the deaths were as much as 30,000, including vigilante killings. —KG, GMA Integrated News