What if there’s indeed a warrant of arrest against former president Rodrigo Duterte from the International Criminal Court (ICC)?

The Philippine National Police (PNP) made it clear on Wednesday, Feb. 7, that it would not be enforced. 

PNP spokesperson Col. Jean Fajardo said the police force stands by the pronouncement of the Philippine government, through President Marcos and Justice Secretary Jesus Crispin Remulla, that it does not recognize the jurisdiction of the ICC.

“We support this stand. There is already a question of jurisdiction because we see this as an interference on the sovereignty of our country,” said Fajardo.

Earlier, former senator Antonio Trillanes IV disclosed that the ICC has already concluded its investigation into the principal accused of crimes against humanity in connection with the drug war during the Duterte administration.

He said a warrant of arrest may soon be issued against the principal accused that include the former president.

Former presidential spokesperson Harry Roque was also quoted saying that they received information that there is already an arrest warrant from the ICC.

Fajardo, however, said they are not aware of it since there is still no information relayed to the PNP.

But even if there is any, she said the PNP would not recognize it, citing the unilateral decision of Duterte to withdraw from the ICC. 

“So for all intents and purposes, the ICC has no longer jurisdiction on us They could issue a WOA to anyone but the enforcement is another thing,” said Fajardo.

While there are claims that the ICC no longer has jurisdiction over the drug war, some legal experts said that the initial phase of the drug war is still covered since the withdrawal takes effect a year after a notice is given. 

The Philippine government issued the withdrawal in March 2018 and it took effect a year later. The drug war started in July 2016.

In July 2021, the Supreme Court ruled that the Philippines is still obliged to cooperate with the ICC investigation since the withdrawal from the Rome Statute, which formed the ICC, takes effect a year after the notice of withdrawal.

Such rule is stipulated in Article 27 of the Rome Statute in which the Philippines was a signatory. 

For Fajardo, however, the government’s decision not to recognize the authority of the ICC is not only about Duterte but also about any Filipino who may have a case outside the jurisdiction of the PNP. 

“So there is certain coordination that is required under our existing laws. So for
as long as there are laws that will serve as a legal basis to cooperate with foreign counterparts, then the PNP will cooperate,” said Fajardo.

“However, in this issue it is very clear that they have no jurisdiction over any person within the jurisdiction of the Philippines,” she added.

The PNP was on the frontline of what critics described as a bloody drug war that left more than 6,000 people dead, aside from those killed by drug-war inspired vigilante groups.