Justice secretary Crispin Remulla
In a pivotal Senate committee hearing on foreign affairs, Justice secretary Jesus Crispin Remulla acknowledged that the International Criminal Court (ICC) continues to hold jurisdiction over individuals despite the Philippines’ withdrawal from the tribunal.
His statement directly addressed questions from Senator Imee Marcos, who challenged the government’s evolving stance on the ICC’s authority.
“Our views evolve at times,” Remulla admitted, responding to Senator Marcos’ pointed inquiry about the seeming contradiction. He emphasized that while the Philippines is no longer a member of the ICC, the tribunal retains jurisdiction over individuals for crimes committed while the country was still a signatory.
The discussion stemmed from ongoing debates regarding the ICC’s role in prosecuting individuals allegedly involved in crimes committed in the Philippines. While President Ferdinand Marcos Jr. had previously dismissed the ICC’s jurisdiction, Remulla’s remarks suggested a more nuanced position.
Senator Marcos contrasted Remulla’s statement with the president’s remarks from February 18, 2023, in which Marcos Jr. questioned the ICC’s authority. “I do not see what (its) jurisdiction is,” the president said at the time. “I feel that we have in our police and our judiciary a good system. We do not need assistance from any outside entity.”
Marcos pressed Remulla further, “The president clearly refers to jurisdiction over individuals. It is very clear. There is no room for misinterpretation. If you say there is jurisdiction over individuals, then you contradict the president’s statement. After all, the ICC does not try countries, only individuals.”
Remulla suggested that positions on the matter could change over time. “I do not know if the president still holds the same views today. We are referring to a statement made over a year and a half ago. Minds can change, ma’am,” he said.
“So you are saying the president changed his mind?” Marcos pressed.
“Well, I cannot speak for him, madam. Your conclusions are your own, and I cannot adopt them,” Remulla replied.
The exchange comes amid ongoing international scrutiny of the Philippines’ human rights record, particularly regarding the war on drugs led by former President Rodrigo Duterte.
While the country officially withdrew from the Rome Statute—the treaty establishing the ICC—on March 17, 2018, with the withdrawal taking effect a year later, the ICC retains jurisdiction over alleged crimes committed between November 1, 2011, and March 16, 2019.
This assertion underpinned the ICC’s recent arrest warrant for Duterte, who was taken into custody in The Hague on March 11. Duterte’s anti-drug campaign resulted in at least 6,000 deaths, according to government data. However, human rights groups and ICC prosecutors estimate the real toll to be between 12,000 and 30,000, with many linked to extrajudicial killings.
As the government continues to navigate its position on the ICC, the issue remains a flashpoint for domestic and international legal debates, with pressure mounting for greater accountability in the Philippines’ human rights record.