‘Duterte cannot use Marcos Jr’s statement in ICC case’

KUALA LUMPUR – Lawyers of former president Rodrigo Duterte cannot use President Marcos’ previous statement regarding the International Criminal Court (ICC) to defend their client, a Malacañang official said over the weekend.

“As far as we know, the ICC will base its decision, or order, or resolution on the Rome Statute and it will not be guided by the political statements,” Presidential Communications Undersecretary Claire Castro said.

She made the response during a press briefing with the Philippine media covering Marcos’ participation at the 47th Association of Southeast Asian Nations here when asked to comment on the Duterte camp’s statement.

Duterte’s lawyers said: “The Defense further relies on public statements by the current President of the Philippines, Mr. Ferdinand Marcos Jr. that his administration will not cooperate with the Court, arguing that this reflects the State’s position that the ICC no longer has jurisdiction.”

On Thursday, the Pre-Trial Chamber I said the ICC retains jurisdiction over the crimes against humanity case against Duterte.

Meanwhile, Castro said Malacañang will not get involved in the ombudsman's planned review of the drug cases during the Duterte administration.

In a 32-page decision, the Chamber unanimously decided that the international tribunal has jurisdiction over the alleged crimes committed in the Philippines from Nov. 1, 2011 to March 17, 2019.

Duterte’s lawyers said: “The Defense further relies on public statements by the current President of the Philippines, Mr. Ferdinand Marcos Jr. that his administration will not cooperate with the Court, arguing that this reflects the State’s position that the ICC no longer has jurisdiction.”

Judges Iulia Antoanella Motoc, Reine Adelaide Sophie Alapini-Gansou and Maria del Socorro Flores Liera ruled that the case was already “under consideration” by the ICC prosecutor even before the country’s withdrawal took effect in 2019.

In February 2018, then ICC prosecutor Fatou Bensouda announced that her office would initiate a preliminary examination into the situation in the Philippines, particularly on killings related to the Duterte administration’s war against illegal drugs.

This prompted then president Duterte to announce the country’s withdrawal from the ICC, which took effect a year later.

Meanwhile, Castro said Malacañang will not get involved in the planned review of the Office of Ombudsman on the drug cases during the administration of Duterte, stressing that the Ombudsman is an independent constitutional body.

However, she said the government can assist the Ombudsman with regard to release of data or reports from law enforcement agencies.

“But the President is not responsible for any action the Ombudsman will undertake,” she said.