We don’t need ICC



Before we start celebrating and patting ourselves on the back, what, in fact, is the reality on the ground?

Dear Atty. Nico,

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Dear Editor,
The country's stance on the International Criminal Court's jurisdiction regarding its investigation into alleged crimes during the Duterte administration's war on drugs has generated significant attention.
Since retiring from politics in 2022, the former President has faced ongoing scrutiny over his administration's war on drugs, with opposition groups calling for an investigation. Although I understand the Philippines' decision to withdraw from the ICC during Duterte's presidency, I agree that the ICC lacks jurisdiction over Philippine laws. Nevertheless, this has provided an opportunity for Duterte's opponents to retaliate.
The Philippine government withdrew from the ICC in 2019, but the court has said it can still investigate crimes committed while the Philippines was a member — a policy that I see as "unnecessary."
Even President Ferdinand Marcos Jr. has reiterated that the ICC has no jurisdiction to conduct its investigation into Duterte's war on illegal drugs, as he insisted that the country's judicial system is well-functioning and can handle the case.
The Office of the Solicitor General, on the other hand, also stressed that the government is not required to cooperate with the ICC despite certain legislators advocating such a move.
We can see that the government has been giving leeway to ICC investigators. Solicitor General Menardo Guevarra recently said they can come to the country if they possess the right travel papers and won't be conducting any legal activities.
He said the government sees no reason to prevent their entry as they will be interviewing certain persons and gathering certain documents but leaves the decision to allow their entry with the Department of Justice and the Bureau of Immigration.
Although Justice Secretary Jesus Crispin Remulla last week echoed Marcos' statement that the possibility of the Philippines rejoining the ICC, as sought by some House lawmakers, needs careful study, there should also be consideration on how the ICC will conduct its investigation.
The government has allowed the Commission on Human Rights to cooperate with the ICC but emphasized that there is no legal obligation to do so. The decision to cooperate is political for the President to make, particularly if Congress supports it.
Essentially, the message from the former president, Marcos, and Guevarra is that returning to the ICC or cooperating with them would undermine Philippine laws.
We don't need the ICC, as the country's justice system is reliable and looks out for the nation's and its citizens' welfare.
Nicolas Tolosa
tolnic1984@yahoo.com