Sub rosa subterfuge

Suspicions were raised recently that the International Criminal Court, or ICC, had sent probers to the country who were now collecting evidence on the war on drugs which, if true, should be another compelling reason to bar their entry.

Since the ICC is too high-brow to even notify the government of its actions regarding the country, its agents should be considered intruders who should be asked to leave.

In the previous administration, a rights rapporteur, Agnes Callamard, who also sought an investigation into the extrajudicial killings in the war on drugs campaign of former President Rodrigo Duterte, surprised authorities by being present at a 2017 rights symposium.

Callamard then said that her visit was not to conduct an investigation but to be a guest in a public forum.

She was after the same issues the ICC seeks to investigate.

Even Solicitor General Menardo Guevarra, who has been in constant contact with the international tribunal despite President Ferdinand Marcos Jr.'s earlier statement that the government is ending its engagement with the ICC, is clueless about the ICC's presence in the country.

"If ICC personnel had entered the country, the Bureau of Immigration would have the necessary information," Guevarra said.

He added that the ICC could investigate without setting foot in the Philippines since local groups are extending support.

The ICC does not have any reason to do a cloak-and-dagger probe, however, since its agents are not banned from entering the country despite the statement of some personalities threatening their deportation.

What is rightfully being asked by the government is that the tribunal has the courtesy of providing information about its intent and itinerary since it is not dealing with a police state.

The ICC seeks to substitute for a functioning legal system, which is the bone of contention with the government, which has refused to cooperate with the tribunal.

The implication, if indeed it has sent undercover investigators, is that the ICC is not intent on giving notice to the government, which is tantamount to undermining the latter's authority.

ICC jurisdiction being far from settled could be a factor for a covert visit.

In the 3-2 decision of the ICC in favor of a probe, the majority of the magistrates did not address the question of jurisdiction.

The minority, however, did tackle the subject of membership, saying that the  ICC's pre-trial court "erred in law in concluding that the Court had jurisdiction despite the Philippines' withdrawal."

Thus, the country can raise the issue of jurisdiction against the request for a visit. President Marcos referred to the hanging case when he said the jurisdiction matter remained problematic.

Also raised was the complementarity principle in which the ICC can only intervene if the Philippine judiciary is unwilling or incapable of functioning regarding the EJK issue.

What is definite is that an ICC probe in the country will be a major event for forces already consigned to their political grave.

Those leading the push for Marcos to open his arms to the ICC are the left-wing legislators and the civil socialites targeting a 2028 comeback.

While the government has no legal obligation to cooperate with the ICC since it ceased to be a member of the Rome Statute in 2019, the ICC, as a global institution, should be responsible for full disclosure before it visits an independent state.

Justice Secretary Jose Crispin Remulla said the foreign probers must inform the government about their presence.

"It is their responsibility and duty to make contact with the Department of Justice by the principles of international law," he stressed.

Deportation should remain a consideration for the ICC bigots if and when they visit the country.