Quad comm co-chairs prefer EJK cases heard in PH, not ICC

MANILA, Philippines — Two co-chairpersons of the House of Representatives’ quad committee have reiterated that they prefer complaints involving extrajudicial killings (EJKs) in the past administration’s drug war be filed and heard within the country, and not before the International Criminal Court (ICC).

During a press briefing on Tuesday, both Manila Rep. Bienvenido Abante Jr. and Santa Rosa City Rep. Dan Fernandez said it would be proper to let the ICC do its own investigation rather than assisting the international body.

READ: Duterte: My PNP chiefs were ‘death squads’ heads

Former president Rodrigo Duterte and several of his officials, like former Philippine National Police (PNP) chief and now Senator Ronald dela Rosa, are facing crimes against humanity of mass murder raps before the ICC for their role in the drug war.

READ: Duterte takes ‘full legal, moral responsibility’ for drug war

“Well, I have always been true to my statement since we started the EJK hearing that I’m not going to allow the ICC to get our documents for that. Anyway, they could be able to do their own investigation, I don’t think the quad comm or my committee needs to help on that,” Abante, chair of the House committee on human rights, said.

“In fact, we believe that the ICC is watching all the proceedings eh. That’s why they will have the documents available. So yes, what Congresswoman (ACT Teachers party-list Rep. France) Castro is saying is good, yet I still would like to say na let them do a separate investigation, not use us for their own investigation,” he added.

Abante said this after questions about Castro’s suggestions that the Senate forward Duterte’s confession on Monday—at the blue ribbon committee hearing—to the ICC.

Duterte initially said that his former PNP chiefs are heads of death squads, before admitting that he built a death squad in Davao City when he was mayor. According to Duterte, it was a seven-man team that went after those committing heinous crimes.

Duterte however backtracked eventually when blue ribbon subcommittee presiding officer and Minority Leader Koko Pimentel sought a clarification.

Fernandez also agreed with Abante, saying that filing cases for violation of sections in Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, means the jurisdiction of the case will be in the Philippines.

According to Fernandez, the ICC can only come into play if the Department of Justice (DOJ) fails to do their job of prosecuting those involved in EJKs.

“I am not in favor of having the ICC probe ever since, I spoke about that before. But of course, the international community is really watching. The Republic Act 9851, I saw that we have a law like that, would make the jurisdiction over this matter under the Philippine courts,

“Now, if the DOJ fails to do their job on this matter, then all the more that the ICC will take cognizance. So I think it’s really up to the DOJ to do their work,” he added.

The quad committee hearings, particularly on the topic of EJKs, has led to concerns about the conduct of Duterte’s drug war. Due to the hearings—from Duterte’s Office of the President listing 20,322 drug war-related deaths among its accomplishments in a 2017 report, to revelations that cops who kill drug suspects were given monetary rewards—prompted the Senate to take a deeper look.

On Monday, the Senate blue ribbon committee conducted its first hearing, with Duterte invited to speak on the EJK issue. According to Duterte, he claims full legal and moral responsibility for the drug war’s successes and mistakes.