ICC still has jurisdiction over individuals — Remulla to Imee Marcos

Jesus Crispin Remulla —File photo from the Senate Public Relations and Information Bureau

MANILA, Philippines — “Our views evolve at times.”

Justice Secretary Jesus Crispin Remulla made this response on Thursday when quizzed by Sen. Imee Marcos during the upper chamber committee on foreign affairs hearing about the jurisdiction of the International Criminal Court (ICC).

Although the Philippines had withdrawn from the ICC, Remulla insisted that the international tribunal still had jurisdiction over individuals — not countries.

But Senator Marcos said President Ferdinand Marcos Jr.’s previous pronouncements imply that the ICC had no jurisdiction over individuals as well.

READ: Sen. Marcos: Since when PH become a province of The Hague?

Senator Marcos cited the chief executive’s remarks on Feb. 18, 2023, which stated: “I do not see what (its) jurisdiction is. I feel that we have in our police and our judiciary a good system. We do not need assistance from any outside entity.”

“In this statement, the president clearly means jurisdiction over individuals. It is very, very clear. There is no area for quibbling, and if you say there is jurisdiction over individuals, I don’t believe that you are in agreement with your president. As a matter of fact, the ICC does not try countries after all,” Senator Marcos said.

READ: ICC’s Khan insists on Duterte probe, Marcos pushes back

In response, Remulla said: “Our views evolve during times, at times, and I don’t know if he still has the same views up to today — because we are talking about a clip which was done one and a half years ago. Our minds can change, ma’am.”

“Of course, we can change our mind, Mr. Secretary. So you are saying that the president changed his mind?” Marcos asked.

“Well, I cannot speak for him, madam. I cannot speak for him. Your conclusions are really your own and I cannot adopt your conclusions here,” the DOJ chief responded.

On March 17, 2018, Duterte withdrew from the  Rome Statute, the treaty establishing the ICC. The withdrawal, however, took effect exactly a year after.

READ: ‘Duterte arrest shows ICC can go after Putin, Netanyahu’

Despite Duterte’s withdrawal, the ICC retained jurisdiction over alleged crimes in the country from November 1, 2011, to March 16 2019 — or based on the period when the country was still a member.

This was the basis of ICC’s arrest warrant issued on Duterte, who has been detained in The Hague since his arrest on March 11.

The drug war that took place during Duterte’s presidential term claimed at least 6,000 lives, according to official government data.

Human rights watchdogs and the ICC prosecutor estimated the death toll to be between 12,000 and 30,000 from 2016 to 2019.

They said several of these incidents were extrajudicial killings.