Former President Rodrigo Duterte. MALACAÑANG FILE PHOTO / KING RODRIGUEZ
MANILA, Philippines — Justice Secretary Jesus Crispin Remulla on Monday confirmed that the task force looking into extrajudicial killings (EJKs) during the drug war is also probing former President Rodrigo Duterte’s possible violation of Republic Act 9581 or the International Humanitarian Law (IHL).
In a chance interview with reporters, Remulla was asked about possible violations committed by Duterte. The Department of Justice chief said while several laws are being looked at, including the Revised Penal Code, “it is RA 9581 that is what we are looking at right now.”
Signed into law on December 11, 2009, the IHL defines and penalizes what is considered the most severe crimes of concern to the international community — war crimes, genocide, and other crimes against humanity.
“Our task force is doing that now (investigating former president Duterte). Kausap ko lang kanina yung head ng task force (I met with the task force head earlier),” Remulla told reporters.
Early this month, Remulla issued Department Order 778, creating the task force on EJKs allegedly committed under the Duterte administration’s drug war.
READ: DOJ chief creates task force to probe alleged EJKs during drug war
The Philippine government maintains that the country has a fully functioning judicial system and capable of prosecuting anybody, including the former president if needed.
“Pag nag-overlap ‘yan sa ICC (International Criminal Court) mag-choose tayo,” Remulla said.
(If there is an overlap with the ICC, we will choose what to charge.)
“We want the charges to be separate from each other [charges before the Philippine courts and that of the International Criminal Court]. Even if we are not members of the ICC, the spirit of complementarity is still at place,” he added.
The spirit of complementary means that the ICC will only have secondary jurisdiction over national courts and can only act if the national court refuses or cannot prosecute Duterte.
Duterte already appeared before the Senate and the House of Representatives’ separate investigations where he admitted to killing criminals while he was Davao City mayor.