Metro Manila (CNN Philippines, November 28) — A senator echoed previous House resolutions urging Malacañang to assist in the International Criminal Court’s (ICC) investigation into the bloody drug war of former President Rodrigo Duterte.
Senator Risa Hontiveros, a known critic of the previous administration, filed Senate Resolution No. 867 on Tuesday.
In the resolution, the senator said President Ferdinand Marcos Jr. “himself has vowed to promote human rights and a high level of accountability for violations.The Philippines has historically been at the forefront of advancing humanitarian law and international justice, and it is high time that we affirm our commitment to these values before the international community,” Hontiveros said.This development in the Senate came almost a week after several congressmen made their statement to back ICC’s probe official through filing House resolutions.
READ: More solons urge Marcos admin to cooperate with ICC drug war probe
The country is no longer a member of the ICC after it withdrew from the Rome Statute during the Duterte administration, and effective 2019.
Earlier this year, the ICC rejected the Philippine government’s plea against the resumption of the investigation, also prompting Marcos to cut the country’s ties to the former.
Justice Secretary Jesus Crispin Remulla earlier said the Philippines needs to be a member again to assist in the investigation.
Last Friday, Marcos said rejoining the ICC remains \”under study.\”
\”We’ll just keep looking at it and see what our options are,\” he said.
While Vice President Sara Duterte respects Marcos’ statements, she was firm against cooperating with the ICC. Sara was the running mate of Marcos in last year’s polls, and daughter of the former president tied to the infamous drug campaign.
Senate concurrence needed?
In an interview with CNN Philippines’ The Source on Monday, Senator Ronald \”Bato\” dela Rosa said a Senate ratification is needed if the chief executive decides to be a member of the ICC again.
\”If the government decides to rejoin, then our representative in the Hague will enter into an agreement with the Rome Statute and it has to be ratified by the president. And after the ratification by the president, it has to be concurred by the Senate via two-thirds votes,\” said Dela Rosa, who served as national police chief during the Duterte administration.
However, former Senate President Franklin Drilon said this isn’t the case.
Drilon argued that in his view, rejoining the tribunal is purely an executive action, given the Senate’s prior ratification of the Rome Statute of the ICC.
In August 2011, the upper chamber passed Senate Resolution No. 57, expressing its concurrence in the ratification of the treaty. Drilon said the measure remains legally binding unless specifically repealed.
“The President can rely on the original resolution or ratification, as it remains valid and in effect,\” Drilon said.
He added that Duterte’s ICC withdrawal sets precedent for Marcos. If Duterte could unilaterally withdraw from the court, Drilon said Marcos should have the same authority to rejoin it.
“The situation would have been different if former President Duterte had sought the Senate’s concurrence when the country left the ICC, as that action would have been legally binding and established a precedent,” the ex-Senate leader said.
Looking for trouble?
Sen. Imee Marcos, the sister of the current president, immediately expressed her disapproval of Hontiveros’ resolution.
\”So they really want trouble? Well, PRRD has said \”Bring it on!\” she said in a statement Tuesday.
\”But the decision to cooperate or not to is one for the Executive, and my brother, the President of the Philippines, has already made it clear that the ICC has no jurisdiction to conduct the probe. I share that view,\” Imee added.
Speaking to CNN Philippines’ Balitaan, the senator said she has not yet spoken to her brother about the Philippines’ possible return to the ICC.
\”Hindi natin ginagambala ang Pangulo dahil ang dami-daming problema na mas mahalaga, sa palagay ko, tulad ng presyo ng bigas, kakulangan ng langis, na mas nangingibabaw sa lahat,\” the senator said.
[Translation: We’re not disturbing the president, because I think there are many other more pressing problems, like the high prices of rice and oil shortage.]
She also maintained that there is no need for the international court’ s intervention since the Philippines’ justice system is working. She cited the recent release of former opposition Senator Leila de Lima, who was allowed to post bail for her remaining drug case.
Senate President Juan Miguel Zubiri, meanwhile, refused to comment on Hontiveros’ move, saying he will just wait for the president to decide on the matter.
“Whether to re-enter or to remain out of the jurisdiction of the ICC is not a decision we the Senators make. It is the decision of the President of the Republic being the chief foreign policy maker of our country. He alone makes that decision and everything else is just noise on whether we should join or not,” Zubiri said.
Dela Rosa, for his part, said he expected Hontiveros to file the resolution.
