Duterte, Dela Rosa challenge gov’t cooperation with ICC
Metro Manila, Philippines - Former President Rodrigo Duterte and Senator Bato dela Rosa have filed a petition with the Supreme Court (SC), challenging the government's cooperation with the International Criminal Court (ICC).
On Tuesday, March 11, Duterte was arrested for crimes against humanity linked to his bloody drug war. The ICC issued the arrest warrant through the International Criminal Police Organization.
According to the SC, the petitioners asked for the issuance of a temporary restraining order and/or writ of preliminary prohibitory and mandatory injunction.
The respondents of the petition for certiorari and prohibition are:
+ Executive Secretary Lucas Bersamin
+ Justice Secretary Jesus Crispin Remulla
+ Interior and Local Government Secretary Jonvic Remulla
+ Philippine National Police (PNP) chief PGen Rommel Marbil
+ PNP-Criminal Investigation and Detection Group Director PGen Nicolas Torre III
+ Solicitor General Menardo Guevarra
+ Immigration Commissioner Norman Tansingco
+ Foreign Affairs Secretary Enrique Manalo
+ Armed Forces of the Philippines chief Gen. Romeo Brawner Jr.
“Petitioners seek a temporary restraining order (TRO) to prevent respondents from facilitating, assisting, or cooperating with the International Criminal Court (ICC) in any investigation related to the Philippine government’s anti-drug campaign,” the SC said in a statement.
“They also ask the SC to enjoin respondents from enforcing or assisting in the enforcement of any ICC-issued warrants or red notices and to suspend all forms of cooperation with the ICC while the case is pending,” it added.
The SC held a special raffle “given the significance” of the case.
“A special raffle is conducted when a pleading prays for the issuance of a TRO or an urgent extraordinary writ such as habeas corpus or amparo, and the case cannot be included in the regular raffle. The special raffle assigns the case to a member-in-charge who will then recommend an action to the Court,” SC spokesperson Camille Ting said.
Moreover, Duterte and dela Rosa urged the high court to declare that the government’s withdrawal from the Rome Statute, which established the ICC, ended the international body’s jurisdiction over the Philippines.
But the ICC earlier said that it has jurisdiction over supposed crimes against humanity committed while the Philippines was still a member.
The SC itself, based on a petition that challenged Duterte’s decision to exit the ICC in 2018, handed down a ruling in March 2021 that upheld the decision but ruled that the ICC has jurisdiction over cases before the country’s formal withdrawal from the Rome Statute that created the ICC in 2019.
Duterte launched a relentless war on drugs in 2016 when he assumed the presidency. Dela Rosa was the PNP chief at the time.
Based on human rights records, Duterte’s drug war has killed around 30,000 people.
