EDITORIAL - Snubbing the House

Former president Rodrigo Duterte has always said he is ready to face any probe on his bloody campaign against illegal drugs, but only if conducted by Filipinos in the Philippines. Now the House of Representatives is giving him and his former national police chief, Sen. Ronald dela Rosa, a chance to give their side on allegations of extrajudicial killings in the conduct of the war on drugs.

Dela Rosa, however, invoked inter-parliamentary courtesy and cited advice from Senate President Francis Escudero in declining the House invitation. Dela Rosa said yesterday that he would face the House panel only if Duterte is with him. But the former president also said yesterday that he would not attend the congressional inquiry.

There was extensive media coverage of Duterte’s brutal war on drugs, which was a priority of his presidency, and nothing new has emerged so far from the House probe. The country knows that thousands of suspects were killed, with over 6,000 reported by the previous administration to have been shot dead in law enforcement operations ostensibly for resisting arrest.

What remains unknown is whether there was an order for the systematic execution of drug personalities even before guilt was established, and who issued the order. Duterte and Dela Rosa could shed light on this, but they have rejected the House invitation.

The International Criminal Court is acting on reports that Duterte gave the imprimatur for the bloody campaign, when he was president and earlier in Davao City when he was the mayor, with Dela Rosa as the chief enforcer. This could constitute murder as a crime against humanity, for which Duterte and Dela Rosa are currently facing ICC investigation and possible arrest.

The government has insisted that the ICC cannot step in because the pillars of justice in the Philippines are fully functional. The ICC maintains that the Philippines is unwilling or unable to probe Duterte for murder as a crime against humanity, despite the existence of a law covering such offenses.

Solicitor General Menardo Guevarra, who served as Duterte’s justice secretary, has said the offense requires establishing that multiple killings were systematic summary executions ordered by the state – something that is proving difficult because of the lack of witnesses and even complainants in many of the 6,000 deaths. This, along with Duterte’s refusal to face the House probe, can reinforce the ICC’s argument that it must step into the issue.