Lawyers in ICC ‘drug war’ raps cite latest Duterte threat vs court

MONITORING DUTERTE Lawyer Kristina Conti speaks with Quezon City police in 2018, following reports of people allegedly casing Erythrina Building in Teachers’ Village where the National Union of Peoples’ Lawyers (NUPL) and other activist groups hold office. Conti, a member of NUPL, is among the lawyers pursuing the drug war case against former President Rodrigo
Duterte before the International Criminal Court. —LYN RILLON

Lawyers representing the victims of the drug war waged by the previous administration have brought up before the International Criminal Court (ICC) the latest threatening remarks uttered by former President Rodrigo Duterte against The Hague-based tribunal.

ICC-accredited lawyer Kristina Conti said the threats made by Duterte early this week could be considered a violation of the Rome Statute, the ICC’s founding document.

She was referring to press conference held by Duterte in Tacloban City on June 30, where he said: “Hintayin ko. I’d like to see …. Ayoko ’yung Pilipino na pulis o NBI (National Bureau of Investigation) …. Gusto ko ’yung ICC mismo magdadala ng papel niya, ng warrant. Kasi kapag binigay niya sa akin, ipapakain ko talaga sa kanya. Mamili ka, kainin mo o barilin kita ngayon.”

(I’ll wait. I’d like to see …. I don’t like a Filipino police officer or NBI. I want the ICC itself to bring its paper, its warrant. Because if it is handed to me, I will force them to eat it. Make a choice: you eat it or I shoot you now.)

“That’s a threat and also a retaliation,” Conti told the Inquirer in a phone interview on Friday.

‘Reasonable belief’

On Wednesday, the National Union of Peoples’ Lawyers (NUPL), where Conti serves as secretary general for its National Capital Region chapter, said Duterte’s remarks had been brought to the attention of the ICC for the court’s “appropriate and prompt action.”

“It is apparent that his statements undermine the court’s independence, integrity and impartiality,” the group said.

READ: ICC taking pulse of drug war victims’ kin: Do they want full probe of Duterte? 

It also cited Article 70 of the Rome Statute, particularly the provisions on “offenses against the administration of justice [including] retaliating against an official of the Court on account of duties performed by that or another official.”

“If he continues with this attitude as the case progresses, he could also be charged separately for this crime before the ICC,” NUPL said, adding Duterte may be sentenced to imprisonment of up to five years because of his offensive remarks.

“His statements only reinforce the reasonable belief that he is most responsible for crimes against humanity committed in the Philippines in the context of the ‘war on drugs,’” the group said.

Political plans

Conti also weighed in on the supposed plan of Duterte and his two sons, Davao City Rep. Paolo Duterte and Mayor Sebastian Duterte, to run for the Senate next year.

The older Duterte has so far been coy about that political plan revealed two weeks ago by her daughter, Vice President Sara Duterte, following her resignation as education secretary on June 19.

“Don’t believe Inday [Sara Duterte]. She’s just making that up,” the former President said on June 30.

READ: CHR willing to work with ICC on PH drug war probe

For Conti, the Duterte family’s “threat to run (for Senate seats) is intended to cause confusion or misinformation regarding their [claimed] immunity” from ICC (prosecution).”

“Second, it is intended as a political message. … like a warning or a political message to Marcos regarding his participation or full cooperation with the ICC,” she added.