DOJ Clarifies No Constitutional Ban on ICC Cooperation
The Department of Justice has firmly stated that there is no provision in the Philippine Constitution that prohibits the country from engaging with the International Criminal Court. This declaration comes amid ongoing legal challenges and petitions filed by supporters of former President Rodrigo Duterte, who are questioning the legality of his arrest in 2025 on charges of Crimes Against Humanity.
Legal Basis for Engagement
According to Justice Spokesperson Atty. Polo Martinez, there is no legal prohibition that explicitly forbids the government from cooperating with the International Tribunal. He emphasized that this lack of a clear legal barrier is the core issue raised in the petitions submitted to the Supreme Court by Duterte's camp. These petitions challenge whether the arrest of the former president was lawful and in accordance with national and international statutes.
Martinez explained that by questioning or consulting the Supreme Court, the petitioners have inadvertently highlighted the absence of definitive legal rules that would bar the Philippines from interacting with the ICC. However, he clarified that this does not negate the fact that the Philippines is no longer a member of the Rome Statute, the treaty that established the ICC. Despite this withdrawal, Martinez maintained that the government bears no legal liability for engaging with any international agency or court.
Context and Recent Developments
The DOJ's statement was issued following an admission by Ombudsman Jesus Remulla, a former Justice Secretary, that he had met with some investigators from the International Criminal Court. This revelation has sparked discussions about the extent of the Philippines' involvement with the ICC post-withdrawal. In response, Atty. Martinez provided a clarification, noting that under the new leadership of Secretary Fredderick Vida, there have been no such engagements between the department and the ICC.
He further stressed that the Department of Justice will await the resolution of the pending petitions before the Supreme Court before taking any new actions. This cautious approach underscores the department's commitment to adhering to legal processes and ensuring that any future steps are grounded in a clear judicial mandate.
The ongoing legal saga continues to unfold, with the Supreme Court's decision expected to set a precedent for how the Philippines navigates its relationship with international judicial bodies in the future.
