Malacañang has, for the nth time, insisted that the United Nations (UN)-backed International Criminal Court (ICC) has no jurisdiction to investigate the Duterte administration's war against illegal drugs.
Cabinet Secretary and Acting Presidential Spokesperson Karlo Nograles made this assertion Wednesday afternoon, Nov. 24, even as reports said that the ICC prosecutor is set to ask the Philippine government to provide information regarding the drug war probe cited in its deferral request.
"While we have received reports that Prosecutor Karim Khan will request the Philippines to provide substantiating information regarding its investigations into allegations involving the country’s anti-illegal drug campaign, we would like to clarify that we have yet to receive a formal request with regard to this matter," Nograles said.
"That being said, we reiterate our position that the ICC has no jurisdiction to probe our campaign against illegal drugs," underscored the Palace official.
"Clearly, the ICC prosecutor’s request for information is an acknowledgment that alleged victims can seek redress in Philippine legal institutions because these are independent, impartial, and competent," said Nograles, who like President Duterte is a lawyer.
"Moreover," Nograles continued, "this validates our earlier position that the ICC is the court of last resort, one that can be utilized when a State Party is unwilling to investigate and prosecute those who violate its laws; this is simply not the case in the Philippines."
Then-Davao City Mayor Duterte promised a quick and aggressive war on narcotics when he ran for the presidency in May 2016. He won the Palace race via landslide.
But this bloody war on drugs has persisted throughout his term, saying he didn't realize at first how deeply rooted it was in both society and the government itself. Police operations carried out under this campaign have reportedly claimed thousands of lives, although the toll will vary depending on who is asked.
President Duterte has repeatedly said that, if he would be indicted in connection with the anti-drug campaign, then it would only be by a Philippine court and not an international one.
"Our criminal justice system continues to be capable and functional, and a case in point is the signing of the Philippine National Police (PNP) and the National Bureau of Investigation (NBI) of an agreement to conduct cooperative investigations––evidence that a culture of impunity does not exist in our country as local institutions have demonstrated their commitment to accountability," Nograles said.
Last week, Malacañang welcomed the ICC's decision to suspend its "investigative activities" on the Philippines’ war on drugs.
“We welcome the judiciousness of the new ICC prosecutor, who has deemed it fit to give the matter a fresh look,” Nograles said.
“We reiterate that it is the position of the Philippine government that the has no jurisdiction over it,” he added.
Administration critics have commented that the government's move of asking for a deferral of the probe was tantamount to recognizing ICC's jurisdiction on the case.