DOJ: ICC has individual, not state, jurisdiction under IHL

DOJ Secretary Jesus Crispin C. Remulla clarified during a Senate Committee on Foreign Relations hearing that while the Philippines is not a member of the International Criminal Court (ICC), individuals charged by the ICC would still fall under jurisdiction through International Humanitarian Law (IHL).

Remulla emphasized that as non-members, the ICC has no jurisdiction over the Philippines as a country but can have jurisdiction over individuals who violated IHL.

The DOJ chief noted that while the drug war investigation was challenging when the country was an ICC member due to lack of cooperation, IHL is now considered customary law worldwide and allows for either extradition or surrender under Republic Act 9851.

Senator Imee Marcos expressed reservations about accepting ICC processes as part of customary law, a stance supported by Remulla who stressed that the Philippines has its own administrative procedures.

Executive director Anthony Alcantara from the Philippine Center on Transnational Crime clarified that no Red Notice was issued against former President Rodrigo Duterte but rather a 'wanted person diffusion' through Interpol, which requires prior consultations with the Government of the Philippines.