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Department of Justice
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The Department of Justice (DOJ) stated that it has yet to receive any information on a possible International Criminal Court (ICC) warrant of arrest against former President Rodrigo Duterte and other respondents in connection to the ongoing probe into the previous administration's war on drugs.
To recall, retired Supreme Court Justice Antonio Carpio had previously suggested that the ICC might issue an arrest warrant in September. "I think the day of reckoning is coming closer because what I’m hearing is that a warrant of arrest will be issued by the ICC, sometime in September,” Carpio said.
However, Justice Undersecretary Raul Vasquez indicated that they have not received such information. “We are not aware of that. None of our government agencies have been informed about anything," Vasquez said.
The government has stated that it will not assist the ICC in its probe into the drug war but will not obstruct the court from contacting individuals it may wish to interview.
“The last action taken by the ICC was to request diplomatic permission from the DFA to conduct interviews, but this was ignored because we are no longer under their jurisdiction,” Vasquez added.
Vasquez also mentioned that if ICC personnel are coming to or are already in the Philippines, “we don’t know and it’s simply none of our business." He emphasized that the country is a “very robust and active democracy” where people are free to travel and to seek information.
Despite the Philippines' withdrawal from the ICC in 2019, the country still has obligations to the International Criminal Police Organization (Interpol).
“And we have to understand Interpol processes – it is not an international police enforcement body. It is composed of different states whose law enforcement agencies cooperate and coordinate, sharing information and data to jointly combat transnational crimes such as terrorism and terrorism financing,” he said.
But he noted that any potential issuance of a red notice or arrest request by Interpol will be carefully studied.
Any arrest – if they are even to be arrested under our laws – would be subject to thorough examination and might involve constitutional decisions by the Supreme Court.