The Philippines signals a potential shift in its approach towards the International Criminal Court (ICC) investigation into the country's controversial "war on drugs." Although the ICC refrains from commenting on ongoing investigations, the Philippine government has expressed openness to a limited degree of cooperation. The investigation began in 2023, focusing on alleged crimes committed during the anti-drug operations that marked former President Rodrigo Duterte's administration. Despite withdrawing from the ICC's founding treaty in 2019, the Philippines' withdrawal does not preclude investigations into crimes committed prior to this date.
President Ferdinand Marcos Jr. has indicated his administration would not obstruct the ICC if Duterte were to be investigated. This stance could potentially lead to Duterte being the first Asian former head of state to face trial at the ICC. Justice Secretary Jesus Crispin Remulla highlighted that while cooperation with an international tribunal is permissible under Philippine law, it would be limited and subject to clearly defined boundaries.
"We will talk to them soon in a very well-defined manner, in the spirit of comity. Some people are trying to bridge the divide to bring us together, so we can sit at one table," said Justice Secretary Jesus Crispin Remulla.
The "war on drugs," a hallmark policy of Duterte's tenure since he assumed power in 2016, resulted in the deaths of approximately 6,200 suspects according to police reports. The police maintain these fatalities occurred during shootouts in anti-drug operations. However, activists argue the actual death toll is significantly higher, with numerous drug users in impoverished areas allegedly killed under mysterious circumstances.
Duterte has consistently defended his campaign, underscoring his directive for police officers to act in self-defense. His unapologetic stance is encapsulated in his remark:
"If I go to hell, so be it," Duterte stated defiantly.
While the Philippines has conducted its own probe into these killings, progress has been minimal. Remulla acknowledged the potential for the ICC's involvement to advance domestic investigations.
"There are certain areas we can cooperate," Remulla mentioned, emphasizing the necessity for delineated lines in collaboration.
The presence of ICC representatives in the country has proceeded without objections from the Philippines, suggesting an underlying willingness for dialogue.
"We are starting to explore the limits of non-membership to the ICC and the extent of crimes committed prior to the withdrawal," Remulla explained.
Despite this openness, Remulla stressed the need for clarity and boundaries in any collaborative efforts.
"Lines have to be drawn properly," he asserted.
Moreover, Remulla admitted there are acknowledged shortcomings within the local investigative process and emphasized a commitment to justice.
"We have to admit the shortcomings that are there. We always want to do justice for everyone," said Remulla.
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