THE International Criminal Court (ICC) rejected the plea of the Philippine government to suspend the investigation into the Duterte administration’s war on drugs.

In a decision dated March 27, 2023, the ICC appeals chamber stated that there were no persuasive reasons to grant the suspension, as the government failed to provide concrete and clear reasons for the appeal.

ARREST PUTIN FIRST

This developed as Justice Secretary Jesus Crispin Remulla yesterday said the ICC cannot enter the Philippines to “enforce their own rule of law.”

Remulla pointed out that the Philippines has a functioning judicial system and can conduct its own investigation into the alleged unnecessary deaths committed during the violent campaign against illegal drugs.

Remulla, a former lawmaker before joining the Executive Department, challenged the ICC to first arrest Russian President Vladimir Putin, citing the recent arrest warrant issued by the ICC for Putin over the unlawful deportation of children from Ukraine to Russia, which Moscow has denied.

“The ICC is the ICC, good luck to them, also if they want to arrest Putin, I’d like to see them do that because they’re big on words but let them do it first so we will believe that they can really do what they’re saying,” Remulla said over ABS-CBN’s Headstart.

PHAPPEAL NOT CLEAR

The ICC in its decision noted that the Philippine government should have explained how the absence of jurisdictional or legal basis for the prosecutor’s activities would create an irreversible situation.

” The Appeals Chamber rejects the request of the Republic of the Philippines for suspensive effect of the aforementioned decision of Pre-Trial Chamber I,” the decision read.

“In the absence of persuasive reasons in support of ordering suspensive effect, the Appeals Chamber rejects the request. This is without prejudice to its eventual decision on the merits of the Philippines’ appeal against the Impugned Decision,” it added.

In an appeal, Solicitor General Menardo Guevarra reiterated the country’s position that the ICC lacked jurisdiction since the Philippines withdrew from the tribunal in 2019.

Guevarra argued that the resumption of the investigation would defeat its purpose and create an irreversible situation that could not be corrected.

He also pointed out the requirements that must be met before the ICC can proceed with the investigation, stating that there must be a state or government referral of cases.

Recently, the ICC allowed families of victims to comment on the Philippine government’s appeal, and the Victims Participation and Reparations Section was directed to collect and send representations from interested victims and victim groups by May 22, 2023.

The ICC’s appeals chamber found it appropriate for victims to participate in these appeal proceedings, acknowledging their plight of being unable to obtain justice and remedies for the crimes committed against their family members.

The ICC’s decision followed the request of 90 applicants “to present views and concerns in the present appeal proceedings.”

The Office of Public Counsel for Victims was also allowed to submit written observations on the Republic of the Philippines’ appeal brief in relation to the general interest of victims by April 18, 2023.