MANILA (UPDATE) — The International Criminal Court (ICC) will waste its time and money if it pursues an investigation against President Rodrigo Duterte, Malacañang said on Tuesday, after a prosecutor of the tribunal found "reasonable basis" for alleged crimes against humanity in the Philippine war on drugs.

• ICC prosecutor finds 'reasonable basis' for alleged crimes against humanity in Duterte drug war

The Philippines has quit the ICC and does not recognize its jurisdiction, said Presidential Spokesperson Harry Roque.

"Gawin na nila ang gusto nilang gawin. Sinabi na natin, ‘di natin kinikilala ang hurisdiksyon ng ICC," he said in an online press briefing.

(They can do what they want to do. We have said that we do not recognize the jurisdiction of ICC.)

The ICC, he said, has dropped a previous investigation where its member-state did not cooperate.

"Bahala po ang prosecutor kung gusto niyang magkaroon na naman ng pangalawang ruling na hindi pupuwedeng mag-imbestiga kung walang kooperasyon," Roque said.

(It's up to the prosecutor if she wants a second ruling that the ICC cannot investigate if there is no cooperation.)

"Kung anong gusto nilang gawin, hindi po natin kinikilala ang hurisdiksyon ng ICC, at desisyon mismo ng ICC... Sayang lang ang pera at oras," he added.

(We do not recognize the jurisdiction of the ICC and its decision. It will just be a waste of funds and time.)

The Philippines in March 2019 quit the ICC, though the world's only permanent war crimes tribunal pledged to pursue its examination of alleged illegal killings in Duterte's drug war.

• Philippines out of ICC amid drug war inquiry

According to the "Report on Preliminary Examination Activities 2020", ICC Prosecutor Fatou Bensouda's office opened in February 2018 a preliminary probe into the slay of thousands of suspected drug users and peddlers in the Philippines, including those killed for allegedly resisting arrest or allegedly gunned down by law enforcers disguised as vigilantes.

"The Office is satisfied that information available provides a reasonable basis to believe that the crimes against humanity of murder (article 7(1)(a)), torture (article 7(1)(f)) and the infliction of serious physical injury and mental harm as other inhumane Acts (article 7(1)(k)) were committed on the territory of the Philippines between at least 1 July 2016 and 16 March 2019, in connection to the WoD campaign launched throughout the country," Bensouda said in the report released Tuesday.

She said the COVID-19 pandemic and "capacity constraints" delayed her office's goal to conclude its preliminary examination of Duterte's drug war.

"Nonetheless, the Office anticipates reaching a decision on whether to seek authorisation to open an investigation into the situation in the Philippines in the first half of 2021," she said.

Duterte and his aides have repeatedly denied rights violations in the drug war, saying drug suspects were killed because they resisted arrest.

Early this month, Duterte told law enforcers and prosecutors to "never waver" in the fight against the narcotics trade despite the COVID-19 pandemic.

• Duterte to law enforcers: 'Never waver' in drug war despite COVID-19

He also repeated his accusation that rights defenders are "preoccupied" with the life of criminals, his advice for law enforcers to shoot suspects who fight back, and his promise to take responsibility for deaths in operations.

The government's latest official tally showed that 5,942 people have died during anti-drugs operations from July 1, 2016 until Oct. 31, 2020.

Various rights groups are saying though that thousands more were killed in alleged extrajudicial killings.

A random survey conducted by the Dangerous Drugs Board from December 2019 to February 2020 revealed that the number of illegal drugs users in the country has gone down to 1.67 million from the initial estimate of "4 to 8 million" at the start of Duterte's term in 2016.

The survey also showed that about 5 out of 10 Filipinos "strongly agree" with the government’s anti-drugs campaign, according to DDB chairman Catalino Cuy.

• PH anti-narcotics body says drop in users of illegal drugs shows campaign is succeeding

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