Bersamin: Admin’s stance on ICC unchanged but Interpol requests must not be ignored

The position of the Marcos administration towards cooperating with the International Criminal Court (ICC) remains unchanged, according to Executive Secretary Lucas Bersamin.

Bersamin made this remark after Justice Secretary Jesus Crispin “Boying” Remulla seemingly signaled a softened stance towards the ICC, which is investigating the extrajudicial killings that occurred during the previous administration’s war on drugs.

Remulla said that the Department of Justice (DOJ) will engage with the ICC in a “very well-defined manner." He stressed that some people are trying to bridge the divide to bring the ICC and the Philippines together to sit at one table.

He added that there are certain areas where the two entities can cooperate, but lines have to be drawn properly.

In a press conference on Friday, Bersamin reiterated the Philippines’ withdrawal from the ICC. However, if any requests are made to the Philippine government through Interpol, the government will be open to such requests.

“We have withdrawn from the ICC, membership in the ICC, and that withdrawal is now already in effect. But we have been very clear in our statements regarding this. If the ICC makes a move, and courses the move through Interpol and Interpol makes the request to us for the arrest or delivery of the custody of a person subject to ICC jurisdiction, we will respond favorably or positively to the Interpol request, because we also benefit from Interpol in other cases,” he said.

Bersamin noted that the Philippines also practices “comity,” the principle in which political entities such as countries or states of different jurisdictions mutually recognize one another.

He also explained that there are no “definite” or “clear statements” expressing the country’s cooperation with the international tribunal.

“As far as experience has given the government, the request of Interpol should always be respected because Interpol is also doing us a service in other areas similar to this. So, that’s the meaning of comity,” Bersamin said.

The Philippines officially withdrew from the Rome Statute on 17 March 2019.