Former senator Leila de Lima is hoping that President Ferdinand Marcos Jr. will allow the country to return to the International Criminal Court (ICC).

This is amid calls by congressmen for the government to cooperate with the ICC on its investigation into the alleged crimes committed by the administration of former President Rodrigo Duterte under its “war on drugs” campaign.

Former senator Leila de Lima (left) and President Ferdinand Marcos Jr. (Noel Pabalate, Presidential Communications Office)

Under the Duterte administration, the Philippines withdrew from the Rome Statute, the ICC’s founding treaty, in 2018.

The ICC said it was notified by the United Nations that the Philippines deposited a written notification of its withdrawal from the Rome Statute on March 17, 2018. The withdrawal of the Philippines took effect a year later.

“Hindi pa natin masabi kung ano mang magiging kalalabasan nung sinasabi ni PBBM [President Bongbong Marcos] na pinapa-restudy n'ya 'yung isyu na iyan, 'yung pagbalik natin as member ng Rome Statute (We cannot say at this time if what will be the outcome of what PBBM said that he ordered the restudy of this issue, of our return as member of the Rome Statute),” De Lima told Manila Bulletin.

She added, “Siyempre 'yung isyu na din kung if we are going to cooperate with the ICC probers although pwedeng i-separate 'yung isyu na iyan (Of course, we also have to know if we are going to cooperate with the ICC probers although the issue can be separated),” referring to the country’s return to the ICC and the “war on drugs” crimes investigation.

“Sana nga ang maging resulta ng study na iyan, 'yung reassessment na iyan ay positive at 'yun ang susundin, 'yung desisyon ng Pangulo as the chief of the foreign policy, chief architect of the country’s foreign policy. 'Yun ang dapat sundin (Hopefully the result of that study, that reassessment will be positive and that will be followed, the decision of the President as the chief of the foreign policy, chief architect of the country’s foreign policy. That should be followed),” said De Lima.

De Lima said while the study is being conducted, government officials including Cabinet members should not preempt the decision of President Marcos.

She said the country’s withdrawal from the Rome Statute was questionable since Duterte was the subject of the ICC’s investigation.

De Lima was released last Nov. 13 after being detained for six years and eight months. She was a sitting senator when the Department of Justice (DOJ) under the Duterte administration filed three drug cases against her in Muntinlupa courts in February 2017.

A Muntinlupa judge granted her bail on Nov. 13 in the last remaining drug case she is facing. The two other cases were dismissed by courts.

During an event in Taguig last Nov. 22, Marcos said the Philippines’ return to the ICC is under study.

“There is always a question: Should we return under the fold of the ICC? So, that’s again under study. So, we’ll just keep looking at it and see what our options are,” the President said.

According to the ICC, the “war on drugs” crimes were committed in the Philippines between Nov. 1, 2011 to March 16, 2019. The period covered the time when Duterte was the mayor of Davao until he became President.

“The Judges of Pre-Trial Chamber I ruled that there is a reasonable basis to believe that the crime against humanity of murder appears to have been committed and further noted reports of torture and inhumane acts, imprisonment or other severe deprivation of liberty, enforced disappearance and sexual violence,” according to information on the ICC website.

Last January, the ICC’s Pre-Trial Chamber decided to authorize the prosecutor to resume investigation into the alleged crimes.

The Philippine government appealed the decision, asking the ICC to suspend the investigation.

Last July 18, the Appeals Chamber confirmed the authorization given to the ICC prosecutor to resume the investigation in the Philippines.

“In doing so, they also took into account the views and concerns expressed on behalf of 350 individual victims and 165 families, who unanimously urged the Appeals Chamber to confirm the Article 18(2) Decision,” the ICC said.

Several congressmen filed resolutions asking the Marcos administration to cooperate with the ICC probe on Duterte.

However, Marcos said, “But as I have always said, there are still some problems in terms of jurisdiction in and sovereignty. Now, if you can solve those problems then that would be something else.”

“Simple lang para sa akin. Simple lang naman ‘yang isyung ‘yan. Hindi naman siguro tama na ang mga tiga-labas, mga dayuhan ang magsasabi sa atin kung sino iimbestigahan ng pulis natin, sino aarestuhin ng pulis natin, sinong ikukulong ng pulis natin. Hindi naman siguro tama ‘yun (For me, it’s simple. The issue is really simple. It is not right that outsiders, foreigners should tell us who should be investigated by our police, who should be arrested by the police, who should be jailed by the police. That is not right),” he said.