IT was four in the afternoon in the Philippines when the International Criminal Court (ICC) Appeals on Chamber streamed its unfavorable rulings on the Philippine government’s plea on the drug war probe.
Three out of 5 members in the chamber junked the Philippine government’s plea against the resumption of the probe and all the arguments raised by the country including the lack of jurisdiction of the ICC to conduct the investigation.
The chamber said the decision was not on the jurisdiction and said further that the government failed to properly raise the impact of its withdrawal from the Rome Statute.
The Office of the Solicitor General, however, denied the majority of the chamber’s claim on the issue of jurisdiction.
Two members of the chamber opposed the resumption of the probe including the presiding judge.
The Pre-Trial Chamber authorized the investigation on September 15, 2021.
On November 18, 2021, the ICC Prosecutor informed the Chamber that the Republic of the Philippines requested to defer the probe.
On June 24, 2022, the ICC Prosecutor requested the Chamber to resume the investigation.
On January 26, 2023, ICC Pre-Trial Chamber I granted the Prosecutor’s request to resume investigations into the situation of the Republic of the Philippines.
On February 3, 2023, the Philippine government filed its Notice of Appeal against Pre-Trial Chamber I’s authorization.
The DOJ on the other hand insisted even before the ruling that the ICC is not welcome in the Philippines.
Justice Sec. Jesus Crispin Remulla said that government will not allow any ICC investigation on the drug war, saying that they will not comply even if ICC issues a warrant of arrest.
“They won’t do anything here. They have nothing to do here. What will they do, invade us? Do they want to come here like we’re a colony? We have been colonized by Spain, USA, and even Japan before. That’s enough,” Secretary Jesus Crispin Remulla, Department of Justice said.
“They are not welcome here in the Philippines. We are hospitable people but we will not allow them to interfere,” Remulla added.
Secretary Remulla said that politics has influenced the rulings.
“That is politics. In the end, the reason is politics. Like what CPP-NPA did when they approached the United Nations. They want to raise the issue overseas because they cannot raise their issues here in the Philippines,” he said.
Philippines Government Foreign Counsel Sarah Bafadfhel emphasized that the Philippines has legal remedy should the ICC insist on arresting individuals, assuring that despite the rulings, the ICC cannot impose police power.
