The Department of Justice’s (DoJ) decision to conduct a motu proprio investigation into the alleged extrajudicial killings (EJK) in the war on drugs during the term of President Rodrigo Duterte has disturbed the game plan of the enemies of the former Chief Executive.

During the House Quad Committee (Quadcomm) inquisition, the left-wing legislators and their cohorts failed to demolish Duterte, who banked on his legal acumen.

The anti-Duterte group, nonetheless, exposed their agenda of paving the way for the entry of the International Criminal Court (ICC) to obtain jurisdiction over the EJK complaints.

The ICC, which is itself mired in a controversy involving the sexual misconduct scandal of Prosecutor Karim Khan, is investigating Duterte over alleged crimes against humanity committed in the conduct of his signature anti-narcotics campaign.

During the hearing, Duterte pleaded for a case to be filed against him in the local courts since he was firm about not allowing a foreign court to prosecute him.

Justice Secretary Jesus Crispin Remulla said the DoJ has taken the initiative to conduct the probe based on Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity which was signed on 11 December 2009.

Remulla said International Humanitarian Law was incorporated into the legal system. In 2009, the legislature and the President at the time recognized the need for the IHL to become part of the law of the land.

Thus, under the complementarity principle that is provided for under the Rome Statute that created the ICC, the country is given the option of a domestic trial or for the ICC to file cases in local courts, according to Remulla.

Remulla, however, recognized the need to deal with the ICC on the war on drugs investigation, saying it is “inevitable.”

“We live in a global community that recognizes the primacy of human rights,” he said.

Moreover, Remulla said that a signed affidavit on the statements that Duterte made during the inquisition was not necessary since these were made under oath and the House transcripts would be sufficient as evidence.

Remulla said the DoJ in its investigation is looking particularly into the connection between the statements of the former president and the actions taken in the anti-narcotics campaign as it was possible his words “couched” an intent to kill.

The DoJ investigation will include the former president’s liability in the deaths of thousands of alleged drug personalities.

The war on drugs probe will include the period covered by the proceedings at the House of Representatives, including the period when Duterte was Davao City mayor.

“It will be all encompassing. Of course, you are talking about several laws that will come into play,” Remulla said.

The ICC investigation also covers the period before Duterte became president.

“Even if we are not members of the ICC, the spirit of complementarity is still in place,” Remulla said.

Under complementarity, the ICC has to give way to the jurisdiction of a state that is able and competent to try the crime against humanity on its own.

Remulla said the DoJ is currently gathering the witnesses, most of whom testified at the Quadcomm inquisition, including retired police officer Royina Garma.

Garma, who was assigned in Davao when Duterte was city mayor, testified at the House hearing on a system of incentives for law enforcers who killed drug suspects during the war on drugs from 2016 to 2022.

With the DoJ starting its probe on EJKs and the war on drugs, Duterte’s wish that any trial would be conducted in a Philippine court will likely be realized.

The probe, thus, has damned the wish of the hypocritical mob for an ICC litigation of the former president which they could take credit for as their achievement.