Senator Jinggoy Estrada (File photo)
MANILA – Senator Jinggoy Estrada on Tuesday said the decision of the International Criminal Court (ICC) to investigate former President Rodrigo Duterte is violation of the country's sovereignty as it also violates what the ICC states in the Rome Statute.
Estrada, on Monday filed Senate Resolution No. 492, stating that the Philippines' institutions are fully functional and more than capable to address the concerns raised by ICC Prosecutor Karim A. A. Khan QC which the government formally conveyed to the ICC in a letter dated Nov. 10, 2021.
“Ang paninindigan ko sa issue na ito ay batay na rin sa (My stand on this issue was based on the) Rome Statute's principle of complementarity which recognizes a State's right to exercise jurisdiction over most serious crimes of international concern. Sa ilalim ng (Under the) principle of complementarity, the International Criminal Court will only act if such State is unable or unwilling to investigate and prosecute the crime,” Estrada said in a statement.
Estrada explained that despite our country's departure from the Rome Statute, the ICC is claiming that it retains jurisdiction with respect to alleged crimes that occurred in the Philippines while the country is still a State Party.
“I would like to make it clear that I did not change my mind insofar as casting my vote to concur with the ratification of the Rome Statute some 12 years ago. My position then, if I may qualify it, may already be rendered moot and academic following our country's withdrawal from the Statute on 17 March 2018,” he said.
He added that the Department of Justice and the Philippine National Police-Internal Affairs Service have in fact investigated the alleged crimes committed between July 1, 2016 to March 16, 2019 under the so-called war on drugs campaign and such effort resulted in the filing of four criminal cases before the courts.
“Malinaw na pinapairal natin ang pagpapatupad ng batas at tinutugis ng mga kinauukulan ang mga indibidwal na napag-alamang may mga paglabag o pagkakasala. Anumang panghihimasok ng ICC sa hurisdiksyon ng ating gobyerno ay maituturing na paglapastangan sa soberanya ng Pilipinas (Clearly, we are implementing the law and we are pursuing individuals who have violated the law. ICC’s interference in the jurisdiction of our government is a clear violation of our sovereignty)," Estrada said.
Similar resolution was filed by Senator Robinhood "Robin" C. Padilla seeking to defend former President Rodrigo Duterte from investigation or prosecution by the ICC.
In Senate Resolution 488, Padilla sought "to declare unequivocal defense of former President Rodrigo Roa Duterte, the 16th President of the Republic of the Philippines, in any investigation or prosecution by the ICC," adding "we have a functioning and independent" judicial system. (PNA)
