ICC prosecution’s statement based on allegations, hearsay -Panelo

Former chief presidential legal counsel Salvador Panelo said Monday there is nothing new with the opening statement of the International Criminal Court’s (ICC) prosecution during the first day of the confirmation hearing on the crimes against humanity case against former president Rodrigo Duterte, noting that it is based on allegations and hearsay. 

“Well, yung opening ng prosecution, ayun sa tingin ko ay paulit-ulit na dati na nilang sinasabi ‘yung naratibo nila. Pero batay naman sa chismis, batay sa espekulasyon, sa alegasyon, at sa mga hearsay pa,” he told GMA Integrated News at The Hague in the Netherlands. 

(Well, the prosecution's opening—in my view, it's just a repetition of the narrative they’ve been saying before. But it is based on rumors, based on speculation, on allegations, and even on hearsays.) 

“Yung defense naman, eh sinagot ang bawat alegasyon ng prosecution at palagay ko ay maliwanag at dapat, kung ako ay judge, lalong maliliwanagan ako.” 

(The defense, meanwhile, answered every allegation of the prosecution and I think it was clear. If I were the judge, I would be even more enlightened.) 

Panelo, who served as chief presidential legal counsel to Duterte, is currently at The Hague as one of the six Filipino lawyers sent by the Duterte family to attend the hearings. 

ICC Prosecutor Mame Mandiaye Niang said Duterte played a pivotal role in the commission of the crimes with which he has been charged in connection with the killings in his controversial war on drugs.

The ICC Office of the Prosecutor has charged Duterte with three counts of crimes against humanity (murder and attempted murder) while implementing his bloody drug war. 

Further, Panelo said the defense should question the ICC’s jurisdiction over the former president’s case. He pointed out that the Philippine judicial system is strong enough to handle the case. 

“Ang gusto ko marinig sa defense ay kulitin nila ang hukuman, kwestiyonin nila ang jurisdiction ng hukumang ito. Kasi hanggang ngayon, hindi nila nare-resolve ‘yun,” he said. 

(What I want to hear from the defense is for them to persist with the court and question its jurisdiction. Since until now, they haven't resolved that.) 

“Kasi ang Rome Statute nila na lumikha sa kanila, ang nagsasabi sa kanila na hindi kayo pwede pumasok sa isang bansa kung may kakayahan ‘yan na umusig. Eh libo-libo na nga yung inusig natin, libo-libo na yung pinakulong natin,” Panelo added. 

(Since their own Rome Statute, which created them, tells them that you cannot enter a country if it has the capability to prosecute. Well, we have already prosecuted thousands; we have already imprisoned thousands.) 

“Napakalakas at napakalusog ng sistemang legal. So there’s no reason for the ICC to come in and assume jurisdiction. It is unconstitutional sa parte ng ating bansa and it is illegal sa parte ng Rome Statute na lumikha sa kanila.” 

(The legal system is very strong and very healthy. So there’s no reason for the ICC to come in and assume jurisdiction. It is unconstitutional on the part of our country, and it is illegal on the part of the Rome Statute that created them.) 

Duterte pulled the Philippines out of the Hague-based ICC's Rome Statute in 2018, with the withdrawal taking effect in 2019, after the tribunal began a preliminary probe into his administration's controversial drug war.

But a Supreme Court ruling in 2021 said the Philippines has the obligation to cooperate with the ICC despite its withdrawal from the Rome Statute, noting that the exit does not affect criminal proceedings pertaining to acts that occurred when a country was still a state party. —RF, GMA Integrated News