MALACAÑANG on Friday said the government was “not directly cooperating” with the International Criminal Court (ICC) despite Justice Secretary Jesus Crispin Remulla’s pronouncement that the tribunal had requested its help to protect witnesses in the case against former president Rodrigo Duterte.
Speaking to reporters, Palace Press Officer Claire Castro said the Department of Justice (DOJ) was ready to help witnesses who would face not just the ICC but also other investigating bodies to give justice to the victims of Duterte’s bloody war on drugs.
“As we understand it, the DOJ is helping witnesses to testify so that justice may be served. It is not directly cooperating with the ICC,” Castro said during a press conference.
Castro said while the ICC might have initiated the request, the government’s priority was to help Filipinos in need of protection and legal support.
“We are helping our fellow Filipinos who need assistance to receive justice,” the Palace official said.
“It can be said that it is indirectly cooperating with the ICC, but the primary intention of the government is to help the victims and the witnesses of the victims to get the justice they need,” she added.
On Wednesday, Remulla said there was a request to place the witnesses in the crimes against humanity case filed against Duterte before the ICC under the Witness Protection Program (WPP) for their security and protection.
Remulla said the ICC reached out to the DOJ’s WPP but did not make an official request.
He said the DOJ would extend assistance to the witnesses, as long as they were under the Philippines’ jurisdiction.
Asked if the DOJ’s move had President Ferdinand Marcos Jr.’s blessing, Castro said that the President wanted justice for the victims of the previous administration’s drug war.
“That is also what the President wants — that justice be given to those who deserve it,” she said.
Meanwhile, Castro also cited the position of the Commission on Human Rights (CHR), which stressed that its services remained available to all victims of human rights violations regardless of venue or jurisdiction.
“The CHR, as constitutionally mandated, has always made its services readily available to the extent possible to all victims, regardless of circumstances and status, in its pursuit of justice and accountability for alleged violations of human rights, whether local or abroad, with the assistance of relevant government agencies, if necessary,” Castro said, quoting the CHR’s statement.
This is consistent with the DOJ’s position that it would assist any witnesses or victims in pursuit of justice, regardless of whether the case is before the ICC or another venue, she added.
Despite these developments, Castro said the President has not discussed rejoining the Rome Statute.
Duterte ordered the country’s withdrawal from the ICC’s founding treaty, the Rome Statute, in 2019 after the tribunal launched a probe into his administration’s deadly drug war.
When asked last March about the possibility of the Philippines rejoining the ICC, Marcos simply smiled and said the matter had not been discussed.
This was after the arrest of his predecessor, Duterte and the latter’s detention in the Netherlands on charges of crimes against humanity before the ICC.
However, the Palace recently said the President was open to having discussions with regard to the Philippines rejoining the tribunal.
As per the treaty, the ICC retained jurisdiction over alleged crimes committed in the Philippines between Nov. 1, 2011 and March 16, 2019 — a period during which the country was still a member.
The Philippine News Agency (PNA) learned that the Australian government is “aware that former Philippines President Rodrigo Duterte has applied for interim release to a third unnamed country.”
It is understood that Australia “has not agreed to host” the former chief executive if he is granted interim release, nor is it considering this.
WITH PNA
