Senator Risa Hontiveros on Wednesday upheld her stance on the Philippines’ cooperation with the International Criminal Court (ICC) after the issue caused a stir in the opposition bloc following Senator Bam Aquino’s remarks that drug war-related cases must be “ideally” tried in Philippine courts. 

Aquino drew flak after making such a statement, particularly from former senator Antonio Trillanes IV, a staunch critic of the alleged extrajudicial killings tied to former president Rodrigo Duterte’s bloody anti-drug campaign. 

Trillanes, among the petitioners who charged Duterte before the ICC—which resulted in lauched of the preliminary probe into the drug war—condemned Aquino’s statement as “insensitive” and “unfair.” 

Hontiveros, Aquino, and Trillanes form part of the so-called legitimate opposition. 

Hontiveros denies seeing Trillanes criticism of Aquino’s statement; thus, she refused to comment. 

She, however, averred that she remains supportive of calls for the Philippines to rejoin the Rome Statute—the ICC’s founding treaty—citing the need for a backup when the Philippine judicial system fails to deliver justice for the victims of the alleged extrajudicial killings (EJK).

“Since the time of Kian de los Santos, Kulot, Carl, and other EJK victims, I have been supporting the call of their bereaved families for truth and justice,” she said in Filipino in a briefing. 

“That is why I support our country’s [commitment] to respecting international justice processes like what is happening now at the ICC, because if our judicial system here cannot provide a complete and more responsive answer to the appeals of bereaved families, then at least we can rely on our global community of shared values,” she added.

Earlier this week, Aquino said that since the “EJKs” occurred in the Philippines, it is ideal that the perpetrators of these killings must be tried in local courts rather than internationally, like that of the ICC. 

Aquino’s statements came in the wake of reports that the ICC already identified his colleagues, Senators Bato de la Rosa and Bong Go, as “co-perpetrators” of Duterte in the crimes against humanity he is facing before the ICC.

Triallanes took offense at Aquino’s remarks, accusing him of attempting to impress the “DDS (Duterte die-hard supporters) at the expense of those who sacrificed.”

He also argued that Aquino should have initiated the filing of cases against drug war co-perpetrators if he truly believed that the justice system in the Philippines is not flawed and impartial. 

“The families of the victims waited nine years, while those who are now grandstanding and pretending to care about the victims did nothing at the height of the EJKs,” Trillanes lamented. 

Even as far back as the 2022 national elections, Aquino and former vice president and presidential candidate Leni Robredo had already opposed the idea of turning over Duterte to the ICC despite a warrant, Trillanes further claimed.

Reports have suggested a falling-out between Trillanes and some opposition leaders, particularly Robredo, after the former accused the ex-VP of having a friendship with her successor, Vice President Sara Duterte. 

Meanwhile, Senate President Tito Sotto denies rumors of a caucus to discuss measures to be taken if the ICC warrant against De la Rosa and Go is issued. 

On the contrary, the opposition bloc in the Senate said a resolution urging international courts to respect the Philippines judicial system and independence is already underway. 

“Look at all the technicalities, treaties, and laws. The essence, the spirit of our Constitution is that if there is a problem, you can go to the Philippine courts," Cayetano said in Filipino on Wednesday. 

"It is not acceptable that if the ICC or any international court says there is an arrest, you just grab the person here and take him to another country. If that is the interpretation, it is very dangerous,” he added.

Duterte is facing three counts of murder for crimes against humanity over the killings recorded between 1 November 2011 and 16 March 2019, spanning his time as Davao City mayor and as president. He has been detained in The Hague, Netherlands, since his arrest in Manila on 11 March.

De la Rosa and Go have long criticized Duterte’s arrest on 11 March at Ninoy Aquino International Airport on an ICC warrant coursed through the Interpol and executed by local police, citing the Philippines withdrawal from the Rome Statute in 2019. 

The ICC, however, insisted on retaining jurisdiction over the alleged crimes against humanity that were committed under Duterte’s watch, prior to the country’s exit, asserting that the preliminary probe had already commenced even before the country departed the treaty.