DAVAO CITY – Former President Rodrigo R. Duterte said that he does not recognize the International Criminal Court (ICC) investigation on the controversial war on drugs of his administration.
DUTERTE (Basta Dabawenyo FB screenshot)
The former Chief Executive said this during a pre-recorded episode of “Basta Dabawenyo” uploaded on the Youtube channel CM Baste Duterte on Monday night, August 12.
Duterte reiterated his position that the ICC has no jurisdiction over the Philippines.
He said the question he would like to ask is whether the ICC could still prosecute him.
“I do not recognize that. Are we or are we not? My question is, does it have jurisdiction? I’m a lawyer. I used to be a fiscal, so when I face a case at the court, every day, I would ask that. Do I have the power? Do I have jurisdiction over the case that I am prosecuting?” he said.
Duterte slammed the ICC for singling out the Philippines, particularly his administration, for his controversial policy against illegal drugs when there are more serious crimes happening in other parts of the world.
He claimed that the US, for instance, has done more serious injustices, including “massacre,” but the ICC has not done anything to stop them.
“There’s a lot of injustice and violence going on. It’s senseless. It also happened here, especially perpetuated by the Americans but you didn't do anything,” he said.
Duterte also claimed that the ICC was created by Europeans to go after their former colonies.
At the “’Unsay Mapalit sa imong 20 pesos?’: A Pre-SONA Forum” at the Ateneo de Davao University (ADDU) last July 20, former Bayan Muna Rep. Neri Colmenares said that jurisdiction of the ICC over Duterte’s drug war should never be an issue.
Colmenares said Article 17 on Issues of Admissibility of the Rome Statute provides that a case is inadmissible before ICC if there is a similar ongoing investigation or prosecution of the case in the State, unless the State is unwilling or unable to investigate or prosecute.
Contrary to the claims of the allies of the former President, Colmenares said the ICC has jurisdiction over the drug war of the previous administration since Duterte cannot be prosecuted “even if the justice system is working,” owing to his presidential immunity from all suits.
“Ang totoo kasi hindi siya puwedeng kasuhan ng pamilya sa Pilipinas because he will claim presidential immunity. Ididismiss ng korte ‘yan. File file ka ng kaso dito sa Pilipinas, Presidente ‘yan, immune (The truth is that the family in the Philippines cannot sue him because he will claim presidential immunity. It will be dismissed by the court. You file a case here in the Philippines, that’s the President. He is immune),” he said.
On this basis, Colmenares believes that the families have no other recourse but to file the case before the ICC since the Philippine justice system is unable to prosecute Duterte.