Senate resolution filed to cooperate with ICC

MANILA — Sen. Risa Hontiveros on Tuesday filed a resolution urging the administration to cooperate with the International Criminal Court (ICC)’s investigation of the war on drugs, a long shot which she hopes will give justice to the thousands killed during former president Rodrigo Duterte’s term.

“The Philippines has historically been at the forefront of advancing humanitarian law and international justice, and it is high time that we affirm our commitment to these values before the international community,” Hontiveros said in her Resolution No. 867.

In the resolution, the opposition senator cited the 2021 Supreme Court decision Pangilinan v Cayetano, which states that the Philippine government’s withdrawal “does not undermine or diminish the ICC’s jurisdiction and power to continue a probe that it has commenced while a state was a party to the Statute.”

Hontiveros denied that her resolution was just politicking, after a similar resolution was set to be taken up at the House of Representatives allegedly upon the imprimatur of Speaker Martin Romualdez, with whom Vice President Sara Duterte had a falling out.

At a press briefing yesterday, Hontiveros said the quest for justice of the surviving kin of thousands killed during the previous administration’s bloody crackdown had been a long time coming. “This resolution is seven years too late,” she said.

Hontiveros filed the resolution following President Marcos’ seeming softened stance on the ICC, when the latter said last Friday that the Philippine government will consider rejoining the Rome Statute.

But the President also raised questions of sovereignty on the ICC’s jurisdiction, as he noted there is no need for an ICC probe with the country’s working justice system.

Hontiveros said that while the courts in the country are capable of carrying out justice, there were only two cases of convictions of police officers for the deaths of teenagers Kian Delos Santos, Carl Angelo Arnaiz and Reynaldo de Guzman.

“If there were only two convictions out of the almost 30,000 victims, that is a small percentage in the last seven years. Our judicial system is working, but it is fair to say that we need the support from an international institution such as the ICC, as part of our treaty obligations to the Rome Statute,” Hontiveros said.

Courting trouble

Hontiveros’ resolution urging cooperation in the ICC’s investigation is “courting trouble,” according to Sen. Imee Marcos.

“So they really want trouble?” Marcos said. “With the number of problems that good rice is at 60 (a kilo). It’s hard to earn money, with Christmas nearing. It’s (ICC) not important. Why are they making it an important thing? It is not the right time.”

“This is really trouble. They’re really looking for trouble. For me, the decision is really with the executive department,” Marcos said in an interview with Senate reporters.

At the same time, Marcos said that former president Rodrigo Duterte is not bothered at all with the issues on the ICC. “Well, PRRD has said, “Bring it on!” she said.

The senator, however, pointed out that “the decision to cooperate or not to is one for the Executive, and my brother, the President of the Philippines, has already made it clear that the ICC has no jurisdiction to conduct the probe. I share that view.”

Even if she does not agree with the resolution, Sen. Marcos, chairman of the Senate committee on foreign affairs, said she would immediately set a committee hearing to hear the measure.

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