AKBAYAN Party-list Representative and human rights lawyer Jose Manuel “Chel” Diokno on Wednesday cautioned against a resolution filed by Senator Imee Marcos that seeks to bar arrests or detentions for transfer to international courts—such as the International Criminal Court (ICC)—without a warrant from a local court.
Diokno, a noted human rights lawyer, said the proposal undermines the Philippines’ continuing obligations under the Rome Statute, the founding treaty of the ICC, particularly in relation to crimes committed while the country was still a member.
“I haven’t seen that resolution, but just based on what you have told me: No. 1, kahit na tayo ay kumalas na sa [ICC], meron pa rin tayong mga obligasyon sa court sa ilalim ng Rome Statute for those crimes that were committed or covered by the jurisdiction of the ICC noong tayo ay miyembro,” Diokno said during a press conference.
“Included doon ‘yung ating obligasyon na sumunod. We have a duty to respect and to follow the procedures of the ICC. Any law that we will pass or that will be in violation of the Rome Statute, for me, would not be consistent with our obligations in the ICC,” he added.
Sen. Marcos’ proposed measure comes as the ICC continues its investigation of former President Rodrigo Roa Duterte for alleged crimes against humanity linked to thousands of killings during his administration’s brutal war on drugs.
Diokno emphasized that the ICC operates under the principle of complementarity, meaning it only steps in when a country is unwilling or unable to genuinely prosecute international crimes.
“‘Yung isa pong bagay na sana madiinan natin ay ang ICC ay isang court of last resort kaya meron siyang principle of complementarity,” he explained. “Ibig sabihin nun, kung kaya naman litisin ng maayos at patas ang kaso sa isang bansa tulad ng Pilipinas, ay hindi na kailangan pang pumunta sa ICC.”
However, Diokno said the ICC has already made its assessment that a fair and impartial trial of Duterte is not likely to happen within the Philippine justice system.
“But based on the deliberation of the [ICC], they have come to the conclusion — and I fully agree with it — it will be so difficult to have a fair trial in the Philippines of a former president,” he said.
“A former president who still has a lot of influence, na maaring matakot ang mga testigo, maaring magdalawang-isip,” Diokno pointed out.
He cited the former president’s power to influence the judiciary, having appointed numerous judges during his term.
“A former president who also managed to appoint a lot of members of the judiciary, a former president who really waged a war on drugs that was a very violent war,” Diokno said.
“Kaya para sa akin, we can be assured of a fair trial if it’s done in the ICC. The judges there cannot be coerced, intimidated, or otherwise influenced in their decisions. Pati ang mga testigo ay hindi rin matatakot na humarap at sabihin ‘yung kanilang kaalaman,” he stressed.
The Philippines formally withdrew from the ICC in 2019, but the court maintains jurisdiction over crimes committed while the country was still a state party, including the period covering Duterte’s term from 2016 to 2022.
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