DOJ spox warns gov't officials vs cooperation with ICC probe

Justice Assistant Secretary and spokesperson Jose Dominic Clavano IV said the priority should be reformation but it would be hard with the congested jails.
Justice Assistant Secretary and spokesperson Jose Dominic Clavano IV said the priority should be reformation but it would be hard with the congested jails.Photograph courtesy of Jose Dominic Clavano IV

Any government official or employee who cooperates with the investigation of the International Criminal Court (ICC) into the thousands of killings during the bloody drug war of former President Rodrigo Duterte will be dealt with accordingly, Department of Justice (DOJ) Assistant Secretary and spokesperson Mico Clavano said on Thursday.

Clavano said this in a Palace briefing after former Senator Antonio Trillanes IV claimed that the ICC contacted 50 active and retired officials of the Philippine National Police (PNP) involved in the extrajudicial killings (EJKs) during the Duterte drug war.

Trillanes was one of those individuals who asked the ICC to investigate Duterte's fight against drugs.

"This is a government policy. Therefore, when a government officer or official coordinates with the ICC, contrary to the government's directions or policies, there may be accountability involved," Clavano said.

The issue of retired officials' involvement was also addressed, with Clavano noting the limited control the government has over private individuals no longer in office. 

However, Clavano said that any results from such cooperation would not be recognized by the state.

Regarding potential legal consequences for those who defy government policy by cooperating with the ICC, Clavano mentioned Republic Act No. 6713, which outlines ethical guidelines for public officials. 

"If someone goes against the policy, they will find the liabilities specified under those provisions," Clavano said.

Clavano further emphasized the strength and efficacy of the Philippine justice system, citing various cases and reforms undertaken by the administration. 

"We've consistently shown that we have a functioning justice system in the Philippines," Clavano said, indicating a continued dismissal of the ICC's jurisdiction over the matter.

The Philippine government has previously declared its decision to not recognize the jurisdiction of the ICC, a stance reiterated by President Rodrigo Duterte during his tenure.

"(President Ferdinand Marcos Jr.) has firmly stated that we will not recognize the jurisdiction of the ICC because we have a very strong and robust justice system," Clavano said.

"So, even without verifying the information, the government's stance is consistent ever since; the President has been very firm by saying we will not recognize the jurisdiction of the ICC because we indeed have a very well and robust justice system," he said. 

Marcos earlier said at the annual Foreign Correspondents Association of the Philippines luncheon that the country has a "working" legal system and law enforcement apparatuses.

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