MANILA, Philippines – Facing the House quad committee on Wednesday, November 13, Philippines’ former president Rodrigo Duterte said that the International Criminal Court (ICC) should “hurry up” with its investigation of the killings under his war on drugs and the alleged Davao Death Squad (DDS).
Duterte made the statement when asked by Gabriela Representative Arlene Brosas if he was ready to face the ICC.
“I am asking the ICC to hurry up, and if possible, they can come here and start the investigation tomorrow. This issue has been left hanging for many years, baka mamatay ako, hindi na nila ako imbestiga (I might die and they can no longer investigate me),” said Duterte.
This, of course, Duterte’s usual macho rhetoric. During his presidency, his government had exerted all efforts to block the ICC investigation, starting with unilaterally pulling the Philippines out of the Rome Statute, undoing a decade of work for the country to become an ICC member. And when the ICC’s former prosecutor continued the inquiry, based on the statute clause that any proceeding that started before the pull-out can continue, his lawyers filed several pleadings to make it stop.
This strategy even spilled over to the government of President Ferdinand Marcos Jr, which even hired an external foreign lawyer — who almost got them a win, but lost in a narrow vote.
The investigation continues to this day, and Rappler has confirmed that ICC personnel have stepped foot in the Philippines at least last year. Senator Ronald “Bato” Dela Rosa has also confirmed that ICC has reached out. He is on the list of people “under suspicion” that the ICC has been wanting to interview.
At the House quad comm hearing, Duterte reiterated, “So I’m asking the ICC through you na magpunta na sila dito bukas at mag umpisa ng imbestigasyon (to come here tomorrow and start the investigation), and if I am found guilty, I will go to prison and rot there for all time.”
The proceedings of the quad committee and the Senate investigations into the drug war can be an open-source material for the ICC.
Dalia Cuartero, whose 26-year-old son Jesus was killed in a police buy-bust operation in 2019 in San Jose del Monte, Bulacan, was crying Wednesday morning as she made her way up the stairs, heading to quad comm hearing venue.
Cuartero said she would prefer that Duterte face justice before the ICC, citing politicized justice in the country.
“Hindi kami papayag na dito siya makulong sa Pilipinas. Sana sa ICC, kasi dito sa Pilipinas, ang hustisya natin, makulong lang nang sandali. Kapag ang nakaupo ay mga kaalyado niya, wala, ang katapat wheelchair, hospital, house arrest,” said Cuartero.
(We don’t want him to get jailed in the Philippines. Hopefully, the ICC, because justice in the Philippines means you get jailed for a while. When your allies are in power, you can get away with hospital or house arrest, showing up in a wheelchair.)
Rumors have swirled throughout the year that an arrest warrant from the ICC was on the horizon, but this has never been confirmed. Under ICC rules, it’s possible there’s already a warrant but just under seal. The ICC has the discretion to unseal the warrant anytime it wants to. What is confirmed is the investigation has reached a stage where the ICC prosecutor can already request for a warrant, if he has not already done so.
The perennial challenge for the ICC Office of the Prosecutor is it is understaffed and underfunded compared to the massive investigations it is conducting – for example, Russia’s invasion of Ukraine, and Israel’s occupation of Gaza.
Prosecutor Karim Khan is also embroiled in a sexual misconduct accusation which will undergo external investigation soon. – Rappler.com