The International Criminal Court (ICC) cannot take "coercive actions" such as arrests or subpoenas in its investigation into former President Rodrigo Duterte's war on drugs, according to the Department of Justice (DOJ). This is because the Philippines is no longer a party to the treaty establishing the tribunal.
During a news forum on Saturday, DOJ Undersecretary Raul Vasquez clarified that while ICC representatives can visit the Philippines, they are not permitted to perform certain actions. "Any foreigner can come here, but as to whether they can do certain coercive actions, that cannot be done," Vasquez stated, adding that such actions would violate the country's sovereignty.
"What are those coercive actions? Can the ICC make an arrest? They cannot. That would be a serious affront to our independence and sovereignty. Issue a subpoena? They're also not allowed because we are no longer under their jurisdiction," Vasquez explained.
The Philippines, under Duterte's leadership, withdrew from the Rome Statute—the treaty that established the ICC—in 2019, following the tribunal's initiation of a probe into the drug war.
Vasquez's comments followed Justice Secretary Jesus Crispin Remulla's statement that the Philippines would not obstruct the International Criminal Police Organization (Interpol) if it were asked to enforce an ICC arrest order related to the drug war. Remulla noted that the government would still review the implications of cooperating with Interpol on this matter.
Vasquez emphasized that Interpol and the ICC are distinct entities. He mentioned that any request from Interpol to enforce an arrest order in the Philippines would undergo a proper process. "Law enforcement units would request assistance to enforce a warrant of arrest issued by judicial authorities of the requesting country," Vasquez said.
Remulla had previously confirmed that the Philippine government received a request from the ICC to assist in interviewing "five persons." However, he maintained that the Philippines has no obligation to cooperate with the ICC due to its withdrawal from the tribunal. When asked if the government formally denied the ICC's request, Remulla reiterated that they only took "note" of it.
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