Rights lawyer rebuts Sara Duterte, defends ICC's role

Human rights lawyer Gilbert Andres on Friday pushed back against Vice President Sara Duterte's criticism of the International Criminal Court, saying the tribunal exists to pursue justice, truth, and accountability for victims of international crimes.

"The ICC only cares about justice, truth and accountability," Andres told reporters outside the Department of Justice.

He said victims of the Duterte administration's anti-illegal drugs campaign continue to seek accountability.

"Let's never forget that the victims of Duterte's war on drugs are crying for truth, justice and accountability," he said.

Andres accused the vice president of attempting to discredit the international tribunal.

"What VP Sara is doing is big-time gaslighting of the ICC, and it shows that she does not respect institutions of accountability such as the ICC," he said.

PH law cited in Myanmar case

Andres also argued that the same Philippine law invoked by authorities in implementing requests from the ICC involving former president Rodrigo Duterte and Sen. Ronald "Bato" dela Rosa provides the legal basis for prosecuting alleged war crimes committed in Myanmar.

He cited Section 17 of Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, which grants Philippine courts universal jurisdiction over international crimes, including war crimes committed outside the country.

"The same Section 17 of the IHL Act was invoked to enter Mr. Duterte to the ICC. The same Section 17 of the IHL Act was invoked by the DOJ and other law enforcement agencies to implement the ICC's requests involving Senator Bato," Andres said.

"We're invoking the same Section 17 of RA 9851 to have universal jurisdiction over war crimes in Myanmar," he added.

According to Andres, the Department of Justice returned the complaint filed by his clients after taking the position that Philippine authorities could not take cognizance of the case.

However, he noted that the Office of the Prosecutor General stated that if the alleged acts had occurred in the Philippines, they would qualify as war crimes under Republic Act No. 9851.

Andres said the Supreme Court has recognized the principle of universal jurisdiction embodied in Section 17 of the law, adding that the Philippines has likewise recognized the concept before the United Nations.

He argued that if the government relied on the same legal provision in implementing ICC-related requests involving Duterte and Dela Rosa, it should consistently recognize Philippine courts' authority to prosecute war crimes committed abroad.

Victims from Myanmar turned to the Philippines because the country has one of Southeast Asia's most comprehensive legal frameworks on international humanitarian law, he said.

"What we're really asking is that now is the time for the Philippines to show that there's no impunity in Southeast Asia," Andres said.