By Atty. Howie Calleja
In an attempt to “spin” public opinion after some members of Congress have filed resolutions appealing to President Ferdinand Marcos Jr. to cooperate with the ICC’s Duterte drug war investigation; VP Sara Duterte argues that allowing the probe by the ICC would be an affront to our Philippine courts.
Allow me to quote VP Duterte as she contends that “To allow ICC prosecutors to investigate alleged crimes that are now under the exclusive jurisdiction of our prosecutors and our Courts is not only patently unconstitutional but effectively belittles and degrades our legal institutions.”
This claim is a futile and misleading rhetoric. It reveals an ignorance and arrogance against the rule of law. Our Supreme Court has already put this issue clearly at rest. Voting 15-0 last 2021, the Highest Court in our land already said that, “Even if it has deposited the instrument of withdrawal, it shall not be discharged from any criminal proceedings. Whatever process was already initiated before the International Criminal Court obliges the state party to cooperate.”
Citing Article 27 (which clearly states that all proceedings done prior to withdrawal remain valid even after withdrawal), the Supreme Court said, “Withdrawing from the Rome Statute does not discharge a state party from the obligations it has incurred as a member.” Let me reiterate that the full bench of the Supreme Court acknowledges that the ICC “retains jurisdiction over any and all acts committed by government actors until March 17, 2019.” And that “Withdrawal… does not affect the liabilities of individuals charged before the International Criminal Court for acts committed up to this date.”
The ICC was never established to undermine any state. It designed to strengthen the rule of law and rid us of tyrants and arrogant dictators. The ICC investigation will offer the Philippines a chance for an overdue reckoning in the human rights calamity during the Duterte regime. The ICC’s enquiry, and the prosecution of those most responsible for these years of terrible carnage, might just be enough to bring about some measure of justice Filipinos have been seeking for — so if it is truth and justice we truly seek; we have nothing to lose if we cooperate.
The glass may be half full or half empty. Why see ICC’s investigation from the negative (e.g. interference) if we can see it from a positive light (e.g. collaboration). Thus, the very idea of working together with the ICC implies not working against, however this is not always the case. When it comes to collaboration, sometimes people get the idea that they are merely working alongside someone on endeavor — not really as partners or teammates, but as individual contributors. Restoring Justice should always welcome all possible stakeholders. The distinction between working together versus alongside may seem slight, but the perspective and approach makes all the difference in the end result. Redesigning processes with cross-functional collaboration in mind can give credibility to the entire undertaking.
In Restorative Justice, collaboration allows for manifold viewpoints and expertise to be brought to the table, leading to more innovative solutions and ideas. So why resist, if we can work hand-in-hand to make things work.
