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Remulla says PH won’t implement arrest warrant, if ICC issues one, over PH drug war probe

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Mike Navallo, ABS-CBN News

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img alt="Defense Secretary Carlito Galvez interacts with Justice Secretary Jesus Crispin Remulla during a sectoral meeting in Malacañang Palace on Tuesday, May 16, 2023. KJ Rosales, PPA/pool" src="https://sa.kapamilya.com/absnews/abscbnnews/media/2023/news/07/17/20230516-marcos-sectoral-meeting-ppa.jpg"/><figcaption>Defense Secretary Carlito Galvez interacts with Justice Secretary Jesus Crispin Remulla during a sectoral meeting in Malacañang Palace on Tuesday, May 16, 2023. KJ Rosales, PPA/pool</figcaption></figure></div>MANILA — The Philippine government will not implement any arrest warrant, should the International Criminal Court (ICC) decide to issue one, in relation to the drug war probe in the Philippines.That assertion coming from Justice Secretary Jesus Crispin Remulla, a day before the International Criminal Court’s Appeals Chamber is set to issue a ruling on whether the ICC Office of the Prosecutor should continue its probe on the killings in the Philippines linked to the drug war and the Davao Death Squad.“Hindi. Wala silang gagawin dito. Wala silang kinalaman sa atin dito,” Remulla said during a press conference Monday, reiterating his position that the Philippines is no longer part of the international tribunal.“Anong gagawin nila, papasukin nila tayo? Gusto ba nilang pasukin tayo bilang isang kolonya na naman? E tapos na yun e. Ginawa na tayong kolonya ng Espanya, ginawa na tayong kolonya ng Amerika, ginawa na tayong kolonya ng Japan noong araw. Tama na, malaya tayong bansa na may sariling sistema ng batas,” he added.The decision from the ICC Appeals Chamber will not yet rule on whether warrants of arrest should be issued but the issuance of warrants or summons is the logical next step in the probe, should it be allowed to continue.According to Human Rights Watch, there are 2 possible outcomes in Tuesday’s ruling.“If the judges in the ICC appeals chamber do not confirm the authorization to resume the investigation, the prosecutor will have to close his investigation into the situation in the Philippines. If they confirm the authorization to resume the investigation, the investigation will continue,” it said in a Human Rights Watch (HRW) Q&amp;A sent to the media on Monday.ICC investigations however do not automatically lead to trials, the rights group said.Whether ICC Prosecutor Karim Khan decides to proceed to prosecution or not, both decisions will be reviewed by the ICC Pre-Trial Chamber, in the same way that the Pre-Trial Chamber gave the go-signal to resume the probe in January this year.“If, based on the investigation, the prosecutor decides to pursue prosecutions, the ICC judges will need to approve the issuance of arrest warrants or summons to appear for individuals on the basis of specific charges. This requires a determination by the judges that there are reasonable grounds to believe that the individual named in the request has committed a crime within the jurisdiction of the court, and either that an arrest is necessary or summons to appear is sufficient to ensure the individual’s appearance before the court,” HRW said.“It is difficult to predict how long it might be between the beginning of an investigation and the issuance of arrest warrants or summonses to appear. In the court’s previous investigations in cases in other countries, the time before any arrest warrants or summonses to appear were issued has ranged from a little less than two months to over six years,” it explained.But should an individual summoned or ordered arrested by the ICC Prosecutor appear before the ICC, the next stage would be the “confirmation of charges” where judges will determine if the available evidence is sufficient to be considered “substantial grounds” to believe that he/she committed each of the crimes in the indictment.If the threshold is met, a trial date will be scheduled.Remulla’s position, however, made clear that it is unlikely that anybody would be arrested in connection with the ICC probe while here in the Philippines.HRW, in its Q&amp;A, acknowledged this difficulty.“Securing arrests is one of the ICC’s most difficult challenges. Without its own police force, the court must rely on states and the international community to assist in arrests. The court has issued arrest warrants against 14 individuals in various countries that have not yet been executed, and some of these warrants are now almost 18 years old,” it said.“However, arrests do happen. At least 13 ICC suspects have been arrested to date,” it added, citing the cases of Charles Taylor, the former Liberian president, and those involved in Bosnia.No individuals have so far been named to be the specific targets of the ICC Prosecutor’s probe, although the names of former President Rodrigo Duterte and former Philippine National Police chief and current Senator Ronald dela Rosa were frequently mentioned.“It is a policy of the ICC prosecutor to target those most responsible for the crimes,” HRW said. <div>SOLICITOR GENERAL</div>In a statement to the media, Solicitor General Menardo Guevarra confirmed that the issuance of summons or warrant of arrest will be the next step in the ICC process, reiterating that there will no longer be an appeal should the Philippine government lose its appeal against the resumption of the probe on Tuesday.“Depending on the evidence he may be able to gather, the ICC prosecutor may seek the issuance of summonses or warrants of arrest against certain individuals. These persons who may be indicted will have to engage their own defense counsel (the OSG [Office of the Solicitor General] only represents the state),” he said.“Regardless of the outcome of our appeal, the Philippine government will continue to focus on its own investigation and prosecution of alleged abuses in connection with the war on drugs. It will defend and assert the sovereignty of the Republic at all times,” he added.Remulla echoed this view.“Ang sinasabi ko lang, basta’t merong ebidensya na makaturo sa mga nais nilang usigin natin, ay ibigay sa atin ang ebidensya at tayo na ho ang bahala na habulin ang mga taong naggawa ng mga krimen sa ating bansa,” he said.<div>POLITICS</div>The Justice secretary claimed the ICC process is tainted with politics.“May kanya-kanyang kampo ng pulitika na pinaninindigan ng maraming tao. At isa na po yan sa dahilan na nakikita namin sa ICC, na meron pong political agenda, mga taong nais makiaalam sa kalayaan ng Republika ng Pilipinas at sa ating sovereignty,” he said.“It’s a political process already, what happened. We are no longer members of the ICC so my concern is not too much on the ICC,” he added.But the ICC Pre-Trial Chamber, in January, already discussed the issue of jurisdiction and sovereignty, HRW pointed out.“By ratifying the Statute, the Philippines explicitly accepted the jurisdiction of the Court, within the limits mandated by the treaty, and pursuant to how the system of complementarity functions,” HRW said, quoting the Pre-Trial Chamber.“They further noted that relevant ‘ensuing obligations remain applicable, notwithstanding the Philippines withdrawal from the Statute.’ This includes the Philippine government’s obligation to cooperate with the court in connection with the investigation,” it asserted. But, it added, the ICC will have to rely on “cooperation from its member countries to implement its mandate, including access to crime scenes, witnesses, and arrests.”Given Remulla’s view of the ICC, was it a mistake then for the Philippines to have joined the ICC in the first place?“We always do everything in good faith. But actually good faith is not enough kasi makikita mo na kasi ang leanings ng politics, ang international politics whether liberal yan o conservative, nagbabago-bago ang ihip ng hangin,” he said.“Marahil nagkamali tayo, mahiral hindi. Pero ang tingin ko kasi, ang ICC, yan po ay dapat gumagana sa mga bansang walang sistema ng hustisya. Mga magugulong bansa na nagkakagulo, gaya ng Sudan sa ngayon. Yung mga nagkakagulo, sabihin natin sa iba-ibang parte ng mundo, kung saan walang batas na umiiral, dyan po kinakailangan ang ICC,” he added.“Sa katulad po natin na meron po tayong law enforcement, meron tayong prosecution, meron tayong korte, meron tayong legal tradition ay kaya na ho nating panagutan ang sarili nating bansa. Ang ICC po ay para sa mga bansang walang sistema ng batas na umiiral at doon po talaga kinakailangan yan at hindi po para makialam sa isang established sistema tulad ng Republika ng Pilipinas,” he continued.Various international law experts have pointed out the ICC steps in when States are “unwilling or unable genuinely to carry out the investigation or prosecution” of crimes within the ICC’s jurisdiction and does not require a non-existent judicial system.<div>RELATED VIDEO</div><figure class="op-interactive"><iframe height="315" src="https://www.youtube.com/embed/DIeXwJsKK84?enablejsapi=1" width="560"></iframe></figure><div class="iwantbar">Watch more News on <a href="https://www.iwanttfc.com/#!/browse/Genres/News/tag_id_genres/id_news" target="_blank">iWantTFC</a></div>

The Philippine government will not implement any arrest warrant, should the ICC decide to issue one, in relation to the drug war probe in the Philippines.

Remulla says PH won’t implement arrest warrant, if ICC issues one, over PH drug war probe

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Remulla says PH won’t implement arrest warrant, if ICC issues one, over PH drug war probe

Mike Navallo,

ABS-CBN News

Published July 17, 2023 05:02 PM PHT

Read More:

ICC

International Criminal Court

Jesus Crispin Remulla

DOJ

Department of Justice

war on drugs

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