Groups say enforcing ICC arrest warrant in PH ‘not impossible’

The enforcement in the Philippines of an arrest warrant issued by the International Criminal Court (ICC) is “not impossible,” according to the National Union of Peoples’ Lawyers (NUPL).

Although the country is no longer a member of the ICC, the Philippine National Police may still be compelled to enforce the warrant under certain circumstances, the NUPL said on Saturday in a joint statement with the group Rise Up for Life and for Rights.

“The PNP may be ordered to implement the warrant on orders of the President—upon an extradition request, out of comity, or in compliance with international obligations,” the groups said.

Lawyer Kristina Conti, ICC assistant to counsel, explained that “comity” is the “recognition and respect for the processes of one court to another.”

The two groups also noted that the Philippines is a member of the International Criminal Police Organization (Interpol). The ICC has an agreement on data exchange and cooperation with that agency.

They said the Interpol “could be requested to provide information and share communications about fugitives.”

‘No jurisdiction’

Earlier this week, the PNP said it would not enforce an arrest warrant against former President Duterte, who faces an investigation before the ICC for alleged crimes against humanity over his drug war during his presidency.

Sen. Ronald dela Rosa, Duterte’s first PNP chief who oversaw the drug war, is also a principal respondent in the complaint filed before the ICC in 2017 by lawyer Jude Josue Sabio.

PNP spokesperson Col. Jean Fajardo said on Wednesday “There is already a question of jurisdiction [if the ICC issues its warrant] because we think this is an interference with the sovereignty of our country.”

READ: PNP to snub arrest warrant for Duterte if ICC issues one

“Can they enforce it within the jurisdiction of the Philippine government? I think our President is very clear that they (ICC) don’t have any jurisdiction in our country,” she also said, referring to Mr. Marcos’ remarks late last month that he does not recognize the court’s jurisdiction here.

NUPL and Rise Up for Life and for Rights maintained that “An investigation is precisely the opportunity to correct false impressions and facts. The solution to the Dutertes and Dela Rosa’s sleepless night[s] is to engage in the process so that their public tirades and statements are officially registered.”Retired Supreme Court Associate Justice Antonio Carpio also issued the same advice to Duterte.

‘Present your side’

“If you are innocent—if you really believe you’re innocent—the best thing to do is to go there and present your side,” he told reporters on Wednesday.

Citing the Supreme Court’s 2021 ruling that the ICC has jurisdiction over all acts by the government until March 17, 2019, Carpio said the country was still obliged to cooperate with the court “since the offense of which former President Duterte is charged happened while we were members of ICC.”

The said date was when the Philippines severed its ties with the ICC, a year after it notified the United Nations about its withdrawal from the Rome Statute, the 2002 treaty that established the court.

But Justice Secretary Jesus Crispin Remulla on Friday also maintained that the ICC no longer has jurisdiction over the country.

“Our nation, as a sovereign entity, possesses the inherent right to determine our own legal framework and address internal matters without any interference from external bodies,” he said in a statement.

Yet no matter the government’s stand, more Filipinos support an ICC investigation into the drug war, according to a Social Weather Stations (SWS) survey conducted from Dec. 8 to Dec. 11 last year among 1,200 respondents.

Public support

The survey results, presented at the 2024 Social Weather Station Survey Review, showed that 53 percent of Filipinos “approve” of the international court stepping into the drug war case. This was higher than the 45 percent who favored that development in an SWS poll on that subject conducted in March last year.

The number of those who disapproved of an ICC probe had a slight drop from 14 percent in March last year to 11 percent last December.

According to the SWS, 14 percent of respondents said they had “extensive” knowledge about the ICC investigation, 30 percent had “partial but sufficient” knowledge, 35 percent knew “only a little” about it, and 22 percent knew “almost nothing or nothing.” —WITH A REPORT FROM INQUIRER RESEARCH