Duterte dares ICC to arrest and probe him, BBM admin may oblige

Nov. 16, 2024
Photo from House of Representatives’ Facebook page

DAVAO CITY, Philippines – If Duterte wants it, he’ll get it.

This is the response of the Marcos Jr. administration after former President Rodrigo Duterte dared the International Criminal Court (ICC) to investigate him for alleged “crimes against humanity” for his war on drugs campaign.

Duterte raised this dare at the start of the November 13 House quad committee hearing on extrajudicial killings and human rights violations committed under his presidency and his mayoral terms in Davao City.

Families of the victims of the war on drugs had petitioned the ICC in 2018 to look at this human rights case where around 6,000 cases of drug-war related victims were shot dead by police officers who claimed a similar alibi of self-defense.

The former president, known for his bluster, was asked during the hearing by Gabriela Partylist Representative Arlene Brosas if he is willing to submit himself to an investigation by the ICC.

“I am asking the ICC to hurry up and if they can, come here and start the investigation tomorrow …. Ang tagal, Ma’am, baka mamatay na ako hindi na nila ako ma-imbestiga.  (It’s taking them quite long, I might die before they can investigate me),” he quipped.

“They can come here anytime and visit. Wala naman tayong taguan eh. Sinasabi ko na sa inyo, (We’re not hiding anything. I tell you)  I did it for my country and the young people. As for drugs, no excuses, no apologies. If I go to hell, so be it.”

The ICC probe had taken this long because the Duterte administration withdrew the country from the ICC in March 2019 as the ICC started its probe. The Duterte administration and later the Marcos Jr. administration explained their withdrawal saying they are investigating alleged police lapses in procedures and abuses that led to the killings.

But with Duterte’s statement in the quad comm, Malacañang Executive Secretary Lucas Bersamin immediately released a statement saying: “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 added that local authorities would have to cooperate if the ICC issues a red notice that will be served by the International Criminal Police Organization (INTERPOL).

“But if the ICC refers the process to 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, in which case the domestic law enforcement agencies shall be bound to accord full cooperation to Interpol, pursuant to established protocols,” his statement said.

A red notice is a request “to locate and provisionally arrest a person pending extradition, surrender, or similar legal action,” according to Interpol.

Human rights lawyer Dexter Lopoz from the Union of Peoples’ Lawyers in Mindanao explained in his social media post that the red notice or warrants could only be effective with the cooperation of the Marcos Jr. administration.

“If BBM (Bongbong Marcos) agrees to implement any RED NOTICE from Interpol as a result of the ICC warrants, and takes custody of the accused as well as deliver them to the Hague [or to authorised officers of the ICC] – that’s the only time the accused will be brought to the jurisdiction of the ICC.

Otherwise stated, without the full cooperation of the BBM government, the ICC warrants will only become largely symbolic,” Lopoz explains.

Marcos Jr.’s position on the ICC probe on Duterte has changed over the past two years, as his coalition with the Dutertes has been severed this year over issues from confidential funds to charter change.

Facing quad comm questions

Questions on Duterte’s accountability were raised on Wednesday’s quad comm hearing as members took turns in a 12-hour session asking him on accountability for extrajudicial killings, for ordering police officers to shoot drug suspects, and offering reward money for such action. 

House human rights committee chair and Manila District Representative Benny Abante questioned if the thousands of lives lost in Duterte’s drug war was the only way to curb criminality and drug use.

Batangas Representative Gerville Luistro was able to get the former president to take responsibility for the extrajudicial killings of drug personalities, as she points out this is tantamount to an extrajudicial (out-of-court) admission of guilt.

When asked by Kabataan Partylist Representative Raoul Manuel about the rewards system for police officers, Duterte tried to justify the practice and said this was sourced from the peace and order fund but refused to clarify further. This verified statements from former police officers about this existing practice.

Heated exchanges

Duterte had heated exchanges with a couple of House members, such as with Manuel who asked him about secret bank accounts.

The former president also appeared miffed from questions raised by ACT Teachers Partylist Representative France Castro on his disregard for due process and human rights.

Duterte was caught on camera gesturing to punch former Senator Leila de Lima, who was seated beside him during the hearing. De Lima is one of Duterte’s staunchest critics of the war on drugs during her term as Commission on Human Rights chairperson and was detained for seven years but was later acquitted on cases fabricated by authorities.

The former president also motioned to throw his microphone on former Senator Antonio Trillanes IV, who raised his old allegation of Duterte’s secret bank accounts linked to drug money.

The quad comm hearing ended near midnight. (davaotoday.com)

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