Senator Jinggoy Estrada has filed a resolution expressing the Senate’s opposition to the continuation of the International Criminal Court’s (ICC's) probe into the alleged crimes against humanity committed during former president Rodrigo Duterte's war on drugs.

In filing Senate Resolution No. 492 on Monday, February 20, Estrada said the decision of the ICC’s Pre-Trial Chamber authorizing the resumption of the probe is disrespectful of the Philippines' sovereignty and undermines the country's fully capable judicial system.

Estrada also said that as early as Nov. 10, 2021, the government has already requested the deferral of the ICC investigations and proceedings citing the complementary principle under which the intergovernmental organization and internal tribunal operate.

“The letter of request stated that the Philippine Government has the first responsibility and right to prosecute crimes,” Estrada said in the resolution.

“Further, it stated that the ICC may only exercise jurisdiction where the national legal systems fail to do so which was not the case for the Philippines as domestic institutions are fully functional and more than capable to address the concerns raised in the prosecutor’s notification,” the senator said in reference to Prosecutor of ICC Karim A. A. Khan QC.

“It is hereby resolved that the Senate of the Philippines strongly opposes the decision of the ICC to resume its investigation on the crimes committed in the Philippine territory, in questioning the fully capable judicial system of the Philippines as well as disrespecting its sovereignty,” Estrada said in the resolution.

Estrada said he remains optimistic that his resolution will gain the support of his colleagues and will be adopted in plenary.

“Despite our country’s departure from the Rome Statute, the ICC is claiming that it retains jurisdiction with respect to alleged crimes that occurred in the Philippines while our country is still a State Party,” he said in a separate statement.

“I would like to make it clear that I did not change my mind insofar as casting my vote to concur with the ratification of the Rome Statute some 12 years ago. My position then, if I may qualify it, may already be rendered moot and academic following our country’s withdrawal from the Statute on 17 March 2018,” he explained.

“Ang paninindigan ko sa issue na ito ay batay na rin sa (My stand on this issue is base on itself on the) Rome Statute’s principle of complementarity which recognizes a State’s right to exercise jurisdiction over most serious crimes of international concern,” he said.

“Sa ilalim ng (Under the) principle of complementarity, the International Criminal Court will only act if such State is unable or unwilling to investigate and prosecute the crime,” he pointed out.

Estrada reiterated the country’s domestic institutions are fully functional and more than capable to address the concerns raised by the ICC prosecutor and this was conveyed to the ICC.

“Our Department of Justice (DOJ) and the Philippine National Police-Internal Affairs Service have in fact investigated the alleged crimes committed between July 1, 2016 to March 16, 2019 under the so-called war on drugs campaign and such effort resulted in the filing of four criminal cases before the courts,” he said.

“Malinaw na pinapairal natin ang pagpapatupad ng batas at tinutugis ng mga kinauukulan ang mga indibidwal na napag-alamang may mga paglabag o pagkakasala. Anumang panghihimasok ng ICC sa hurisdiksyon ng ating gobyerno ay maituturing na paglapastangan sa soberanya ng Pilipinas (It is clear that we enforce the law and those concerned pursue individuals found guilty of violations. Any interference by the ICC in the jurisdiction of our government would be considered a violation of Philippine sovereignty),” the lawmaker stressed.