Metro Manila (CNN Philippines, January 3) — The Department of Justice (DOJ) said Wednesday it has had no communication with the International Criminal Court (ICC) amid claims that investigators from the tribunal have already entered the country to begin their probe into the Duterte administration’s deadly drug war.
Harry Roque, who served as spokesperson of former President Rodrigo Duterte, earlier made the claims — the veracity of which has been questioned by DOJ Secretary Jesus Crispin Remulla.
“No contact between ICC and DOJ,” Remulla told CNN Philippines in a message. “Don’t know if they are really here. What’s his [Roque’s] basis?”
In late December, Roque – through a video on social media and a newspaper column – said ICC investigators have reportedly been travelling to the Philippines after President Ferdinand Marcos Jr. supposedly softened his stance on cooperating with the international court.
Citing unnamed sources, he said foreigners believed to be affiliated with the court have “frequented the law office” assisting drug war victims.
“So, meron po akong confirmation na talagang nag-iimbestiga ang mga dayuhan dito sa Pilipinas na labag na sa ating Saligang Batas. Dahil nga po hindi na tayo miyembro ng ICC, dapat hindi na sila nag-iimbestiga,\” Roque said in a video posted on Dec. 22.
[Translation: So, I have confirmation that these foreigners are now really investigating in the Philippines, which is in violation of our Constitution. Since we are no longer members of the ICC, they shouldn’t be investigating.]
Asked to comment on Roque’s claim, Solicitor General Menardo Guevarra said there is no need for ICC prosecutor Karim Khan to go to the Philippines for the inquiry.
“The ICC prosecutor need not even come to the Philippines to proceed with his investigation,\” he said. \”There are private groups and organizations here which have been providing assistance to the ICC.\”
Guevarra also maintained that as far as the government is concerned, “the state has no legal duty to cooperate with the ICC.\”
According to Roque, Marcos supposedly changed his tune regarding the ICC after hearing destabilization rumors triggered by Duterte’s meeting with retired military officials. The former spokesperson and long-time Duterte ally said there is no truth to the destabilization plot.
“Diyan daw nabago, at diyan nag-desisyon ang PBBM (President Bongbong Marcos) mismo na makipagtulungan sa ICC at pag-aralan ang pagbalik sa ICC,\” Roque claimed in his video. \”Kaya nga po ‘yung banta na nakikipagtulungan na tayo sa ICC ay mukhang totoo.\”
[Translation: That was supposedly when Marcos decided to work with the ICC and study the Philippines’ return as a member. That’s why the threat that the country is now cooperating with the ICC appears to be true.]
Marcos’ word ‘solid as a rock’
In a press briefing on Thursday, Senator Ronald \”Bato\” dela Rosa — who served as national police chief when Duterte was in power — said he has complete faith in Marcos’ word that he will bar the ICC from entering the country.
Dela Rosa earlier confirmed that he talked about the ICC probe with the president during a casual dinner in Malacañang that he said left him smiling.
\”Naniniwala ako sa Pangulo. Buo ‘yung tiwala ko sa kaniya, sa sinabi niya sa’kin about ICC. Until now, buong-buo ang aking paniniwala sa kaniya na hindi niya papapasukin ang ICC,\” he told reporters.
\”Basta solid as a rock ‘yung kaniyang sinabi sa’kin na walang ICC na makakapasok dito,\” the senator added.
[Translation: I believe in the President. I have full trust in him, in what he told me about ICC. Until now, I fully believe in him that he will not let the ICC enter. What he told me is solid as a rock, that no ICC can enter here.]
Dela Rosa said he will verify Roque’s claim with authorities. If he finds out that ICC agents entered the country without government authorization, he vowed to immediately seek their deportation.
\”I will ask the DOJ to do the right thing. They should be declared as undesirable aliens by the Bureau of Immigration at once,\” he said.
The lawmaker, meanwhile, told reporters that Duterte may run for senator in the 2025 elections — but not to seek protection from the ICC.
\”Hindi naman siguro for protection purposes dahil hindi naman niya kailangan ng protection. Siguro to make sure he can still contribute to nation-building. Wala pa siyang final decision pero marami akong naririnig,\” he said.
[Translation: Maybe not for protection purposes because he doesn’t need it. Maybe to check that he can still contribute to nation-building. He hasn’t made a final decision yet.]
In July 2023, the ICC decided to resume its long-delayed probe into Duterte’s drug war. This was after its pre-trial chamber said it was not convinced that the Philippine government is “making a real or genuine effort” in its own investigations.
In November, Marcos said his administration is studying whether the country should rejoin the international tribunal, although he insisted that the body has “no jurisdiction” to probe the killings.
The Philippines is no longer a member of the ICC effective 2019 after it withdrew from the Rome Statute during the Duterte administration.
