Press Release
November 26, 2021

Dispatch from Crame No. 1182:
Sen. Leila M. de Lima on Duterte's futile rejection of ICC's power

The PH government now trying hard to protect Duterte from the ICC is in a bind.

After the Philippine Ambassador to the Netherlands requested the ICC Prosecutor to defer investigation and prosecution to the Philippine criminal justice system, it will soon be required to provide information that indeed the PH criminal justice system is working.

So there's the catch. Before the ICC can go any further acting on the Duterte government's delaying tactics, the latter must submit to the former's requirements. Otherwise, the ICC will stop acting favorably on the PH government's request for deferment.

For the request of deferment on the investigation to be granted, the government must at least respond to any of the ICC Prosecutor's demand for more information. If the government does so, then that is already a clear acceptance of the ICC's jurisdiction over the process to which the PH government must submit. On the other hand, it cannot simply ignore any ICC requirements as Malacañang says it is wont to do, without jeopardizing its own request for deferment.

If the Duterte administration truly believes the ICC has no jurisdiction over the Philippines, it should have just ceased from availing of the ICC procedural remedy whereby the country situs of investigation can request for deferment of the investigation. However, by availing of this ICC procedural remedy, it has thereby submitted to the legality of said procedure and, hence, of jurisdiction.

Simply put, by seeking for a remedy provided in the ICC procedure, the Duterte administration accepts that the ICC investigation cannot be ignored, and that it cannot go on as if the ICC has no power to order the arrest of Philippine officials and try them in The Hague.

The Philippine request for deferment is the Duterte administration finally blinking to the authority of the ICC. There is no question about that. Otherwise, they would have just ignored the ICC and its processes altogether. That is what Duterte was bragging about all along but, at the final moment, his own government eventually gave in.

Andami pa kasing satsat, bibigay lang rin pala.

(Access the handwritten version of Dispatch from Crame No. 1182, here:

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