Former president Rodrigo Duterte made his first apparance at the House quad committee, comprised of his stanchest critics, rigorously probing his notorious drug war. House of Representatives
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Duterte dares ICC: Hasten drug war probe before I die

Edjen Oliquino

Former president Rodrigo Duterte has challenged the International Criminal Court (ICC), whose jurisdiction is not recognized by the Philippine government, to go to the country and immediately start its long-delayed investigation into his brutal drug war. 

“This issue has been left hanging for so many years. I might die before they can investigate me,” Duterte said at the 11th hearing of the House quad committee rigorously probing the alleged extrajudicial killings (EJK) of his anti-drug campaign.

“[That’s] why I am asking the ICC, through you, to go here [and] start the investigation. If I am found guilty, I will go to prison and rot there for all time,” the outspoken Duterte added.

Despite the Philippines' withdrawal from the ICC in March 2019 pursuant to his marching order, the erstwhile president asserted that he is “not scared” —even a bit—of the Hague-based court. 

“They can come here anytime. You know, we're not hiding. I'm telling you what I did. I did it for my country and for the young people. No excuses, no apology. I go to hell? So be it,” Duterte contended. 

“Give me money; I will go to the ICC; I will investigate myself there,” he added.

Although the Philippines officially cut ties with the Rome Statute after Duterte questioned the ICC's authority in placing him under the international tribunal's jurisdiction, House lawmakers have insisted that it still retains jurisdiction over any potential crimes against humanity committed during Duterte’s war on drugs.

The ICC was established in 2002 to hold those perpetrators of the gravest crimes, including crimes against humanity and the crime of aggression, criminally liable. 

The Duterte administration’s bloody anti-illegal narcotics campaign drew the attention of the ICC, prompting an investigation in 2016—the same time that rampant, systematic killing was launched.

President Ferdinand Marcos Jr. has adopted the position of his predecessor that the ICC has no business meddling in the Philippine justice system. 

Marcos even deemed it a “threat to our sovereignty.”

This stance remains in effect despite the strained relations and broken alliance between the Marcoses and Dutertes over political disputes. 

Earlier this year, reports circulated that an arrest warrant from the ICC against Duterte is already in the works and that it had also proceeded with its probe, especially now that the families of the EJK victims and its perpetrators are starting to come forward.

Senator Ronald “Bato” de la Rosa, Duterte’s former police chief and highly implicated in overseeing the widespread killings, also confirmed getting notices from the ICC.

The Department of Justice had already formed a task force designed to review EJK cases. Justice Secretary Jesus Crispin Remulla said they will spare no one, not even the former president.

Meanwhile, despite their bitter feud, the quad comm echoed the government’s position that it would not submit its findings and transcripts to the ICC.

The government lodged more than 7,000 deaths under Duterte’s drug war, but local and international human rights organizations estimated that the death toll exceeded 30,000, affecting predominantly low-income families and communities.

Duterte reiterated before the quad comm that he “take[s] full responsibility” for the killings by ordering the police to kill criminals and drug syndicates regardless of whether it was “illegal or legal.”

“I assume full responsibility for whatever happened in the actions taken by the law enforcement agencies of this country to stop the drugs,” Duterte remarked. 

“Defend yourself or you die. This is applicable also to policemen,” he added. 

Duterte also maintained that he encouraged police to provoke drug suspects to fight back as a pretext to kill them. 

Human rights lawyer Maria Kristina Conti told the quad comm that they already sued Duterte for heinous crimes, including murder and other inhumane acts, such as illegal arrest and detention, torture, harassment, and violation of the right against due process.