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Remulla: ICC must first get govt consent before probe

By Manila Times - 10 months ago

MANILA, Philippines: Justice Secretary Jesus Crispin Remulla said on Tuesday that any presence of international bodies, such as the International Criminal Court (ICC), within the Philippine government's jurisdiction must be in accordance with the Constitution and relevant laws.

Remulla issued this statement amid reports that ICC investigators were able to enter the country without prior approval from the government and were able to gather information and evidence for a possible case of crime against humanity against former president Rodrigo Duterte and other personalities linked to the drug war of the previous administration.

Remulla said prior consent and approval of relevant government agencies must first be obtained before any foreign entities can conduct official activities within Philippine territory.

This includes the Department of Foreign Affairs (DFA), the Department of the Interior and Local Government (DILG) and the Department of Justice (DoJ).

Remulla pointed out that the Philippines formally cut ties with the ICC on March 17, 2019, therefore the government has no legal duty to comply with any obligations or proceedings being pushed by the the intergovernmental organization and international tribunal seated at The Hague, Netherlands.

"As a sovereign nation with a robust and functional justice system capable of addressing internal issues without external interference, the Philippine government has shown that it is ready, willing, and able to investigate and prosecute any crime committed within its territory," he said.

Remulla further reported that the DoJ has not received any official communication or confirmation regarding the presence of the ICC within the country.

At the same time, he said his office has not received any advisory from the DFA that the ICC has indeed entered the Philippines.

"This is a requirement that would trigger the interdepartmental coordination concerning developments that go to the very core of our sovereignty and the primacy of our Constitution and our laws," said Remulla.

He said the DoJ is fully aware of the Supreme Court's ruling about supposed crimes committed before the withdrawal of the Philippines from the ICC.

"We note that the ruling was a mere obiter dictum or the court's incidental expression of opinion not essential to the decision and not establishing precedent," Remulla said.

He reiterated that the DoJ is committed to upholding the principles of justice and the rule of law and the protection of human rights regardless of color, race, beliefs, or creed.

Remulla said this continues to be the cornerstone of the DoJ's mandate.

"Gumagana ang sistema natin. Hindi namin papabayaan and mga biktima. Ipagtatanggol natin ang karapatan ng bawat Pilipino (Our system works.We will not neglect the victims. We will defend the rights of every Filipino)," he said.

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