Any government official or employee who cooperates with the International Criminal Court (ICC) in its investigation into the Duterte administration’s campaign against illegal drugs where thousands were allegedly killed will be dealt with accordingly.

Department of Justice Assistant Secretary and spokesperson Mico Clavano stressed this yesterday after former senator Antonio Trillanes IV claimed the ICC had contacted 50 active and retired police officials to testify on the alleged extrajudicial killings.

“This is a government policy (non-cooperation with the ICC). 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.

Nonetheless, Clavano admitted the government has limited control if or when individuals no longer connected with any government office choose to communicate or cooperate with the ICC.

Just the same, the results of such cooperation by an individual or of any ICC action in the matter would not be recognized by the Philippine government, the DoJ official said.

He explained that government officials or personnel cooperating with the ICC may be in violation of Republic Act 6713, which outlines the ethical standards for those in the public service.

“If someone goes against the policy, they will find the liabilities specified under those provisions,” Clavano said, echoing the position of Justice Secretary Jesus Crispin Remulla that the ICC has no jurisdiction in the Philippines.

“We’ve consistently shown that we have a functioning justice system in the Philippines,” he said,

PNP chimes in

Then President Rodrigo Duterte himself withdrew the country from the ICC in 2019 when his administration refused to recognize the statute that created it.

The Philippine National Police echoed the DoJ position, with PNP spokesperson P/Col. Jean Fajardo saying those police officers who may have cooperated with the ICC may face sanctions.

Fajardo said police officers are duty-bound to seek the permission of the PNP leadership before undertaking actions not aligned with the command line.

“Obviously, if you are an active personnel and you are performing any activities that are contrary to what is being stated officially by the PNP, any police officer who does not follow the so-called chain of command may face sanctions,” she told reporters.

Fajardo said this policy is similar to police officers seeking the permission of their supervisors before conducting any operation.

Cops are talking

Trillanes said the cops who are talking to the ICC do not want to be implicated in the alleged execution of drug suspects during the Duterte administration.

“The ICC investigators have already directly communicated with more than 50 active and former PNP officials regarding their being implicated in the crimes against humanity case of Rodrigo Duterte in the ICC,” Trillanes said.

He said those police officers who would not cooperate with the ICC would be tagged as “suspects” in the case, would be restricted from travel, and would later be arrested by Interpol.

Fajardo said the PNP has no information about police officers communicating with the ICC. She said the PNP is trying to unmask the former senator’s source.

Senator Ronald “Bato” dela Rosa, the PNP chief during the Duterte administration, denied the ICC had contacted him about cooperating.

“No ICC prosecutors ever contacted me,” Dela Rosa told reporters in a Viber message on Thursday.