The dilemma of the International Criminal Court regarding its objective of going after former president Rodrigo Duterte and his signature war on drugs is how to make it happen.
ICC Prosecutor Karim Khan has asserted that crimes under the drug war campaign appear to have been "at the very least encouraged and condoned by high-level government officials, up to and including the former president," which sounded strange as it was an admission that the problem on drug-related deaths has been happening even before Mr. Duterte's watch.
In his response to a Philippine government comment on the ICC's planned resumption of the probe, Khan said the prosecution respectfully reiterates its request that the Chamber order the resumption of the investigation into the situation in the Republic of the Philippines and declare that deferral "is not warranted."
The government argued that the ICC has no jurisdiction, a probe is already ongoing, and a precedent is needed.
But, in his comment, Khan said "none of those arguments have merit."
What the ICC found credible instead was the manufactured extrajudicial killing level of 20,000 from incessant detractor putschist Antonio Trillanes IV in the complaint filed by his minion lawyer Jude Sabio in 2017.
One of the more outrageous claims of Khan is that the government, even with its additional submissions to the ICC, has "not demonstrated" conducting "investigations or prosecutions that mirror the probe authorized by the pre-trial chamber."
Thus, ICC believes that the government had the obligation to pattern its judicial functions with the standard that ICC sets, and anything less warrants its meddling into local affairs.
President Ferdinand "Bongbong" Marcos Jr. said that the ICC probe on Duterte and the war on drugs will not happen under his term, as he said that ICC need not send representatives to the Philippines.
ICC investigators and prosecutors will be allowed into the country only "if the whole system collapses" or "if we have a war."
The Chief Executive had also made clear that the country would not rejoin the ICC after withdrawing from the Rome Statute that created the tribunal.
"Very simply, the ICC is supposed to take action when a country no longer has a functioning judiciary… and no longer has the organs of state and the police," Mr. Marcos explained.
"So, I do not see what role ICC is going to play here in the Philippines," he said.
"I do not see why it's a human rights issue. It is a question of jurisdiction and sovereignty," he added.
Chief government lawyer Solicitor General Menardo Guevarra said that the Philippines sent its "observation" to the ICC last 8 September through the Philippine Embassy at The Hague on the request of the ICC to resume investigation into the situation in the country.
In summing up the reply, Guevarra said, "The ICC has no jurisdiction over the situation in the Philippines as the alleged murder incidents do not qualify as an 'attack' against the civilian population."
"The said occurrences were not in furtherance of a state or organizational policy to commit such attack," the SolGen added.
The government emphasized that the complaints filed before the ICC are already being investigated and prosecuted by the proper agencies.
He contradicted Khan's view that the state is unwilling or unable to carry out domestic judicial proceedings.
Justice Secretary Jesus Crispin Remulla said the government's investigation is hobbled by the lack of witnesses willing to shed light on drug war cases and the so-called EJKs.
The ICC, however, has self-confessed hitmen Arturo Lascañas and Edgar Matobato as witnesses against Mr. Duterte.
Several congressional investigations, however, proved that both were stooges of Trillanes and other political opponents of Mr. Duterte.
With the still 81 percent trust and confidence on the former Chief Executive, despite stepping down from office, should be the main reason for the ICC maneuver.
Unless Mr. Duterte is politically neutralized, other political forces stand little chance to recapture a renaissance.
