DOJ: Philippines Will Not Block Interpol Arrests of International Criminal Court (ICC) -Tagged Officials

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The Philippine Department of Justice (DOJ) has announced that it will not hinder the International Criminal Police Organization (Interpol) from executing arrest warrants issued by the International Criminal Court (ICC) for individuals linked to former President Rodrigo Duterte’s controversial war on drugs.


During a press briefing, Justice Secretary Jesus Crispin Remulla clarified the country's stance. "We are not in the business of blocking any movement of Interpol, unless a policy is laid out, which of course will go against our international commitments," Remulla stated.


President Marcos’ Stance on ICC Investigation


President Marcos has previously indicated that his administration would not cooperate with the ICC’s probe into alleged extrajudicial killings during Duterte’s anti-drug campaign, following the Philippines' withdrawal from the Rome Statute.


ICC’s Request for Cooperation


ICC Chief Prosecutor Karim Khan has sought the Philippine government’s assistance to interview former Philippine National Police (PNP) chief and current Senator Ronald “Bato” dela Rosa, along with four other police officials, regarding their alleged roles in crimes against humanity linked to the drug war.


Solicitor General Menardo Guevarra earlier mentioned that while the Philippine government no longer has a legal obligation to assist the ICC, it cannot prevent the prosecutor from continuing his investigation.


Interpol’s Role


Remulla highlighted that the arrest of individuals named in the ICC warrants is complex due to the Philippines' membership in Interpol. "Should any issues arise, [the ICC] will bring it to Interpol," he said. "Once an arrest warrant is issued, it’s Interpol’s job to serve it. Blocking Interpol’s operations would have repercussions."


Implementation and Challenges


Despite the government’s non-cooperation stance with the ICC, Remulla noted that the DOJ would examine possible collaborations with Interpol on this matter. "Most of the time—99 percent of the time—we respect the actions of Interpol," Remulla asserted.


The National Union of Peoples’ Lawyers, representing some families of drug war victims, emphasized that the enforcement of an ICC warrant in the Philippines is not impossible. They suggested that the PNP could be compelled to implement the warrant under certain conditions, such as an order from the President or an extradition request.


Additional Insights


Guevarra pointed out that the ICC prosecutor could still conduct interviews with persons of interest through various means, provided they consent. However, he stressed that the Philippine government would not facilitate these interactions.


Former PNP Chief Oscar Albayalde indicated he would only engage with the ICC investigation if directed by the DOJ. He reiterated that the PNP did not follow any unlawful orders during Duterte's presidency and that the police force remains committed to upholding the rule of law.


Marcos Administration's Position


President Marcos has consistently maintained that the Philippines will not assist the ICC's investigation, describing it as a threat to national sovereignty. He has also asserted that the Philippine justice system is functioning effectively, as evidenced by the recent acquittal of former Senator Leila de Lima.

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