Roque to PBBM: Order PNP, AFP, exec branch to disengage with ICC

Former Cabinet official Harry Roque on Wednesday urged President Ferdinand Marcos Jr. to order all agencies under the executive branch, the Philippine National Police and Armed Forces of the Philippines to disengage with the International Criminal Court’s actions within the country's jurisdiction.

Roque, in a statement, reiterated the concerns he previously aired via his social media livestream regarding the impending arrest of former President Rodrigo Duterte by Philippine law enforcers based on an arrest warrant from the ICC.

He also lamented the possible demobilization of the Task Force Davao saying the group has been effective in protecting Davao City from the existential threat of terrorism and extremism since 2003.

“Based on intel, the former president informed me that he could be apprehended anytime. Unfazed, he vowed that the ICC would never get him alive,” said Roque, who also served as the head legal counsel of Duterte facing criminal cases with The Hague-based Court.

“Since he is already 80 years old, Tatay Digong would fight all attempts to have him detained and prosecuted in The Hague for alleged crimes committed in Philippine territory,” the lawyer added.

Roque maintained that the former President would only submit himself to the jurisdiction of Philippine domestic courts.

“As his counsel, I maintain that the Court lost its jurisdiction over the country’s war on drugs case because the Prosecutor failed to conduct its preliminary investigation before the effectivity of the Philippine withdrawal from the Rome Statute,” he added.

Citing two judges of the ICC Appeals Chamber, Roque explained the cooperation duties of the withdrawing State are “limited to the investigations and proceedings” that commenced before the effectivity of the withdrawal.

Therefore, Roque said the Marcos administration has no obligation to cooperate with any ICC-related proceeding.

“I reiterate my appeal to President Ferdinand Marcos Jr. to issue a presidential memorandum circular prohibiting all agencies under the Executive branch, the AFP, and the Philippine National Police from cooperating with the Court, given that the Philippines had ceased to be an ICC member,” he urged the incumbent President.

Roque emphasized such presidential issuance should highlight that any engagement or coordination would violate our sovereignty and national jurisdiction.

“Meanwhile, I welcome the clarification and assurance from the AFP and Chief of Staff Gen. Romeo Brawner, Jr. that they will not demobilize TFD anytime soon,” he said.

Roque clarified that the reports about the impending arrest of Duterte and the abolition of the Task Force Davao came from his “direct and several sources.”

“Let me be clear, however, that I never said PBBM ordered the alleged demobilization plan nor mentioned FPRRD as the source of the story,” he said.