MANILA — Justice Secretary Jesus Crispin Remulla on Wednesday said the Philippines will stop engaging with the International Criminal Court (ICC), a day after the ICC Appeals Chamber junked the Philippine government’s appeal against the resumption of the drug war probe.

• ICC junks Philippine gov't appeal, to proceed with drug war probe

“Di na tayo makikipag-usap sa kanila. Di natin sila kailangan sa ating bansa. Hindi natin sila gustong pumunta rito. At huwag na huwag silang pumunta dito sapagkat ang gagawin nila ay usurpation of authority of the Philippine government. Magkakaproblema tayong lahat. Pag ginawa nila yan, they’re defying our law and our legal system,” he told reporters at a press conference at the Department of Justice Wednesday.

“Kailangang sabihan ko muna si SolGen Guevarra na tigilan na yan. Malamang mag-uusap kami sa Lunes kapag nagkita kami sa SONA. Sabihan ko siya, tigilan na yan. Wala na, tapos na tayo dyan,” he added, referring to Solicitor General Menardo Guevarra, who heads the Philippine government’s legal team dealing with the ICC.

The ICC Appeals Chamber backed the Pre-Trial Chamber’s January 2023 ruling authorizing the ICC Prosecutor to continue its probe on the killings in the Philippines in connection with former President Rodrigo Duterte’s drug war and the so-called Davao Death Squad.

It rejected the Philippines’ argument that the ICC no longer had jurisdiction over the country because at the time that the ICC Prosecutor was given initial authority to start its probe in September 2021, the Philippines’ withdrawal from the ICC had taken effect since March 2019.

In a statement, the Justice department expressed disappointment and disagreement with the ruling.

“The decision, which disregards the principle of complementarity under international law, is regrettable and undermines the sovereignty of the Philippines,” it said.

“The ICC's rejection of our appeal is based on a flawed interpretation of its own jurisdiction. It fails to acknowledge that the Philippines has a functioning and capable domestic legal system that is fully capable of investigating and prosecuting crimes within its jurisdiction. The principle of complementarity, enshrined in the Rome Statute, recognizes the primary jurisdiction of national courts to prosecute crimes and ensures that the ICC only intervenes when national authorities are unable or unwilling to do so,” it added.

• Ex-pres. Duterte 'shrugs off' ICC junking of PH gov't appeal
• Summons loom as ICC probe into drug war continues: expert

Reacting to the ruling, Remulla said he was no longer surprised but was, in fact, pleased that the ruling was not unanimous.

“Natutuwa nga tayo at nakita natin na ang decision na ito ay hindi suportado ng lahat ng naroroon sa ICC. Kung 5 yan, 3 ang sumuporta, 2 ang kumontra. Isang bagay yan na nagsasabi sa atin na nasa tamang landas tayo ng pag-iisip tungkol sa sovereignty ng Pilipinas na hindi tayo pwedeng magpasakop sa mga taong nais pakialaman ang sistema ng hustisya na gumagana na man sa ating bansa,” he said.

But he insisted that the ICC should only interfere in countries like Sudan, Somalia, Haiti and Afghanistan where no justice system is working.

Under the Rome Statute, the ICC steps in when States are “unwilling or unable genuinely to carry out the investigation/prosecution” of crimes within ICC’s jurisdiction. There is no requirement of a failed state or that the justice system is working.

Remulla refuted the ICC Appeals Chamber's finding that the Philippines "implicitly accepted" the ICC's jurisdiction by participating in the proceedings.

“Issue lang yan ng complementarity and comity. Kaya lang nagsasabi niyan, kasi disente tayong kausap. Nakikiusap tayo na huwag tayong pakialaman. Hindi ibig sabihin niyan, pumapayag tayo sa kanilang pagsakop sa atin. Kung gusto nila tayo sakupin, subukan nila. Pero hindi tayo magpapasakop sa kanila,” he explained.

• How the ICC's PH drug war probe was almost lost on the issue of jurisdiction

He defended the Philippine government against the ICC Pre-Trial Chamber’s observation that there are no genuine investigations in the country.

“Our legal system is premised on right and wrong and the evidence that supports a conviction is necessary. Pag walang ebidensya, anong gagawin natin? Magtuturo lang tayo? Hindi natin pwedeng gawin yan. Naghahanap tayo ng testigo lagi para patunayan natin nang maayos sa ating system of law, sa ating courts of law na ang tao ay may sala o walang sala,” he said, adding that the DOJ is willing to offer witness protection to those who need it.

“Mas maganda ang sistema ng hustisya natin ngayon kumpara kay Duterte. Ang abuso ng otoridad, nabawasan nang husto. Makikita naman natin yan sa pamamalakad ng tao, sa lipunan natin ngayon, kung paano umuusad ang lahat. Nabawasan ang mga umaabusong mga taong naka-uniporme. Nabawasan ang mga paglabag sa hustisya na maaaring sabihin natin na malaking pinagbago ng lahat sapagkat hindi ho tayo papayag sa abusado sa gobyerno. Hindi natin papayagan dyan. At marami ho tayong dinedemanda na matataas na opisyal na otherwise hindi ay madedemanda kung tayo po ay nakatingin lang sa tao, tayo po’y nakatingin sa hustisya at walang iba,” he asserted.

Among the changes under the Marcos administration which he cited are the conviction of some cops for the torture of drug war victims, the re-autopsy of bodies of those killed in the drug war whos death certificates falsely indicated they died due to natural causes, and attempts to talk to victims through NGOs.

But human rights groups have pointed out that the abuses and the killings under the drug war have continued under the new administration.

Dahas of the UP Third World Studies Center continued to track drug-related killings under the Marcos administration, recording 309 deaths in the last 6 months of 2022 and 167 in the first half of 2023.

One of the issues before the ICC is whether the Philippine government is probing the same individuals for the same conduct that the ICC Prosecutor is investigating — crimes against humanity in the form of systematic and widespread State-sanction murder and other crimes.

The Philippine Coalition for the ICC has suggested prosecuting those responsible for the drug war using the domestic law on crimes against humanity — Republic Act 9851.

The Justice chief said Philippine authorities are open to the suggestion but the problem still revolves around the lack of witnesses.

Meanwhile, amid the possible issuance of arrest warrants against certain individuals, particularly former President Rodrigo Duterte and Senator Ronald “Bato” dela Rosa, the former Philippine National Police chief and chief implementor fo the drug war, Remulla offered this advice:

“Huwag kayo pumunta sa lugar na maaring makialam ang ICC. Kasi dito hindi sila pwedeng makialam talaga rito. Sa ibang bansa kung ang tingin natin ay pagkaalam, mag-usap muna kami kung aalis sila at pupunta sila sa ibang bansa at maaaring magkaroon ng problema. Kasi they are citizens of the Republic who also need our protection so we have to tell them, advise them properly,” he said.

Remulla said he has not talked to the former president lately. The last time was during a prosecutors’ meeting in Davao City.

Duterte recently met with Chinese President Xi Jinping. China is not a State-member of the ICC.

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