The International Criminal Court (ICC) will only waste its time and funds if it pursues an inquiry into the drug war since it has no jurisdiction over President Duterte, Malacañang asserted Tuesday.
Presidential spokesman Harry Roque maintained that there was "no reason” for the ICC to continue such examination into the government’s anti-drug campaign.
Roque tried to brush aside reports that the office of ICC prosecutor Fatou Bensouda found "reasonable basis to believe" that alleged crimes against humanity were committed in connection with Duterte's deadly war on drugs.
Bensouda's office reportedly intends to decide on whether to seek authorization from the judge to probe the Philippine situation next year.
The Philippines already withdrew from the Rome statute that created the ICC last year over complaints about alleged violation of due process.
The pullout came after the launch of a preliminary inquiry into the drug war.
"Bahala sila kung ano ang gusto nilang gawin, hindi po natin kinikilala ang hurisdiksyon ng ICC (It is up to them what they want to do. We don't recognize the jurisdiction of ICC)," Roque said during a televised press briefing.
"Wala na nga pong hurisdiksiyon ang ICC sa katauhan po ng ating Presidente at kampante po kami na with jurisprudence in the ICC, wala pong dahilan para magpatuloy sa examination ang prosecutor ng ICC (The ICC no longer has jurisdiction over our President and we are confident with the jurisprudence in the ICC, there is no reason for the ICC prosecutor to proceed the examination)," he said.
He noted that the international court previously dropped an investigation when a member-state did not cooperate.
"Ang desisyon mismo ng ICC sa kaso po ng mga Amerikano doon sa mga nangyari sa Afghanistan ay nagsabi na kapag walang kooperasyon eh bakit ka pa magsisimula ng imbestigasyon. Sayang lang ang pera at ang oras (The ICC decided in the case of the Americans and its actions in Afghanistan, if there is no cooperation, why start an investigation. It would be a waste of money and time)," he said.
Reacting to Bensouda’s statement about the alleged crimes against humanity linked to the drug war, Roque insisted that the Palace disagrees with the ICC prosecutor.
“It’s legally erroneous dahil mayroon tayong minimum gravity na required. Hindi lahat ng krimen ay nililitis sa ICC (because we have a required minimum gravity. Not all crimes are tried in the ICC),” he said.
In 2018, Bensouda initiated a preliminary examination on the alleged crimes related to the Duterte's drug war.
The President has railed against the ICC over the inquiry and ordered the country's pullout from the ICC over alleged violations of due process, among others.
He also threatened throw in jail any ICC representative who will visit the country and investigate the administration's war on illegal drugs.