Palace won’t stand in Duterte’s way if he yields to ICC probe

Photo from the House of Representatives media bureau

MANILA, Philippines — Malacañang on Wednesday said it would not stand in the way of former President Rodrigo Duterte should he decide to surrender himself to the jurisdiction of the International Criminal Court (ICC) as it investigates his six-year antinarcotics crackdown that left thousands dead.

In a statement, Executive Secretary Lucas Bersamin said the Philippine government “will feel obliged” to cooperate with the ICC once the latter seeks the help of the International Criminal Police Organization (Interpol) to issue a “red notice” for Duterte’s arrest.

READ: Duterte dares ICC to start drug war probe: ‘Baka mamatay na ako’

“If the former President desires to surrender himself to the jurisdiction of the ICC, the government will neither object to it nor move to block the fulfillment of his desire,” Bersamin said.

‘A request to be honored’

The Palace official issued the statement in reaction to Duterte’s pronouncements at the House quad committee hearing that he was ready to face the ICC, daring its prosecutors to come to the Philippines and start the investigation “tomorrow.”

With such signals coming from Duterte, Bersamin said, the government would be obliged to accede to any request from the Interpol.

“[I]f the ICC refers the process to the Interpol, which may then transmit a red notice to the Philippine authorities, the government will feel obliged to consider the red notice as a request to be honored,” he said.

Same view from DOJ

“The domestic law enforcement agencies shall be bound to accord full cooperation to the Interpol pursuant to established protocols,” he said.

Echoing Malacañang, the Department of Justice (DOJ) also issued a statement on Wednesday saying the country is “legally obliged” to assist the Interpol in case the ICC seeks its help to have Duterte arrested.

Despite the country’s withdrawal from the Rome Statute, the treaty that created the ICC, the DOJ said the Philippines remains a member of Interpol.

“Thus, when requests are made by the ICC through the Interpol and Interpol, in turn, relays such requests to our country, the Philippine government is legally obliged to accord due course to the same, by all means,” it said, adding:

“With respect to the country’s total adherence to the principles of international comity, the Department of Justice reiterates its full commitment to uphold its sovereign obligations with other countries.”

Significant change

Wednesday’s statements from the Palace and the DOJ were significant, marking the first time the Philippine government has suggested it would cooperate with the ICC, which last year cleared the way for an investigation into the bloody campaign that defined Duterte’s 2016-2022 presidency.

Duterte, when he was president, unilaterally withdrew the Philippines from the ICC in March 2019 after it opened a preliminary examination of the killings. The court has said its prosecutors have jurisdiction over alleged crimes committed before the withdrawal.

President Marcos has repeatedly declared that the Philippine government will not cooperate in the ICC investigation, adopting his predecessor’s policy despite mounting calls for him to drop it.