It’s understandable that Sen. Roland “Bato” Dela Rosa feels bad about the seemingly shifting sand of the Marcos Administration on the pending probe of the International Criminal Court (ICC) on crime against humanity In relation to the war on drugs under the Duterte regime.
After all, he is one of several suspects in mind. No less than former Sen. Antonio Trillanes recently bared that the ICC has already issued the warrants of arrest for Dela Rosa and four others, including former President Duterte himself and former Philippine National Police chief, Gen. Oscar Albayalde.
In a privileged speech, Dela Rosa pointed to two of President Marcos’ Cabinet members of contradicting the latter earlier pronouncement that the ICC has no jurisdiction following the country’s withdrawal from the treaty in 2016.
On the heels of Trillanes’ revelation, Dela Rosa finds the contradictions “ very alarming” because they suggest the ICC’s continued jurisdiction issue even as earlier PBBM refuted it
First off, there was the statement made by Justice Secretary Jesus Remulla that the government cannot interfere if the Interpol will serve the ICC warrant of arrest because it is under an international obligation to allow it do its job. A case in point: a former Negros Oriental congressman, wanted for the murder his province’s governor, was arrested by the Interpol in Timor Leste because the Philippines asked for its support.
Then there was the position made by Solicitor General Menardo Guevarra that the government cannot prevent the ICC chief prosecutor Karim Khan if he decides to investigate in the country vis=a-vis the drug war during the Duterte Administration.
Under the Rome Statute, the country which withdraws from the treaty remains legally under its jurisdiction if the crime filed before it was committed while it was still a member of the ICC. The apparent shifting position of the Marcos Administration is viewed in the light .
In any case, Malacanang has yet to reaffirm its earlier assurance following Dela Rosa’s speech.
As it rises to the surface, PBBM’s pronouncement on the ICC jurisdiction is increasingly becoming more of a political issue than a legal one. The political unity that arose from the tandem of PBBM and Sara Duterte in the 2022 elections stood in the way of the ICC probe.
The Marcos family is also indebted to Duterte in allowing PBBM’s father to be buried in the Libingan ng Mga Bayani. Their political support in PBBM’s presidential victory in undeniable.
However, as the much-bruited about political unity began to lose its strength, the Marcos Administration’s stance on the ICC jurisdiction became flexible as to what it would allow ICC to do its job based on new policy.
The flexibility is also a result of its image-building in the world arena. As the Philippines becomes a greater player in the international community based on re rules-based order, especially in light of China aggression in the West Philippine Sea, PBBM will have to go back on the issue of the ICC jurisdiction it earlier signed on. The issue of sovereignty becomes a flimsy excuse not to abide by the Rome Statute, considering the new agreements with other countries that involves the same consideration.
As the political unity between Marcos and the Dutertes dissipates into thin air or whatever is left of it, the ICC probe in the future might morph into a huge menace. It could to be a big one because it will have its own broad political implications on the Marcos long term political plans in the country.
Vice President Sara Duterte may have substantially sensed that. Her recent actions speak volumes. She has unlatched herself from the Marcos Cabinet by resigning as education chief. She virtually repudiated PBBM’s third state- of -the nation address by not attending the event. She has recently grumbled about the lack of government planning on flood control and other issues, making the Marcos government look bad. She hasn’t said the last bad word.
As a result, the latest survey shows a sizeable drop in her popularity, which is what politics is really all about anyway. On the other hand, Marcos gained in the polls. So has his cousin, Speaker Martin Romualdez, a potential presidential bet in 2028.
In the long run, Dela Rosa may continually worry about the legal repercussion of the ICC probe on the war on drugs during the Duterte Administration. His worst fear may or may not happen. What’s likely is that the ICC will determine the political fortunes of many who happen to be on the wrong side of the political fence.
“All issues”.George Orwell wrote, are political issues”.
It is interesting that PBBM is further expanding his political base by embracing other political parties under its wing. Nothing new, Those with political savvy have changed their political color or shown it. The 2025 midterm election will show PBBM’s success in multiplying his forces and influences.
Ostensibly, VP Sara has announced the Dutertes may have a different plan, considering the ICC issue that continues to hang in the air like the Damocles sword. Apparently, they are ready to meet whatever it is that will come head-on. AT least three Dutertes, the former president and his two sons, are said to be ready to join the senatorial fray in 2025 as a new political force. Sara remains the mysterious card. DelA Rosa looks forward to a reelection and probably will join the Dutertes as the new opposition. As they say, there is strength in numbers, and that’s probably one way the ICC issue can be won at home. Or if you can lick them, join them, the way of politics
