00:00Complaints to the International Criminal Court are being filed
00:05that should not be filed in the local courts of the country that are being violated.
00:10Why did the complaint against the former President Rodrigo Duterte reach the ICC?
00:16The explanation of the experts in the prosecution of Mackie Pulido.
00:23The usual question of the field of the former President Rodrigo Duterte
00:27Why should it not be filed here in the Philippines?
00:30In 2022, the Marcos Administration asked the International Criminal Court
00:34to stop the Office of the Prosecutor to continue their investigation in the Duterte Drug War.
00:40The ICC has no jurisdiction because the country has already left the Rome Statute in 2019
00:46and our government is investigating the cases in the War on Drugs.
00:50But because the process was continued by the pre-trial chamber,
00:53the International Law Expert, Atty. Michael Chiu, said
00:56that according to the ICC, the Philippines' actions were not enough
01:00to punish the person responsible for the crime.
01:04So even if we have prosecution and investigation,
01:09what the ICC checks is what we call same conduct and same person.
01:18He is not the same person because he is not the former President Duterte,
01:22the main architect of the War on Drugs.
01:26He did not capture the systematic nature of the War on Drugs.
01:31So he is not the same conduct.
01:33In Article 17 of the Rome Statute, if there is a jurisdiction of the International Criminal Court,
01:39the court will only accept the case if the state is unwilling or unable to investigate the case.
01:46Unable if the judicial system does not work.
01:49If the state is unwilling or does not want to investigate,
01:52there are three cases according to the Rome Statute.
01:54First, the state's actions are to cover up the suspect.
01:57Second, if there is a long delay.
02:00And third, there is no intention to punish the suspect.
02:03The convicts in the cases are the low-level.
02:07The ICC did not build it to eliminate the low-level personalities.
02:13His target is the one who is responsible.
02:16The one who planned it, the one who ordered it.
02:19Not the culprit.
02:20Before the case reached the ICC,
02:23human rights lawyers like the NUPL or National Union of People's Lawyers
02:28tried to file cases during the Duterte administration in 2017.
02:33Atty. Cristina Conti said it was impossible to answer
02:37the president who did not follow the order of wide-ranging killings.
02:41If it is too high, you will not be able to reach it.
02:45The ICC is what we went through back then.
02:48It is clear to us that this is not just a simple incident of killings.
02:52But Duterte is no longer the president,
02:54so why did he not just be executed in the Philippines?
02:57Justice Secretary Crispin Remulia also said
03:00after listening to the Senate that the situation is better now.
03:03If it is better now, why did they not just file cases here in the Philippines?
03:07It is already better. It has changed.
03:09I cannot ask that to those who demanded in the ICC.
03:12We did not hold those people.
03:15We do not know them.
03:17Malacanang said that this cannot be done anymore
03:20because the investigation of the ICC has already started.
03:23The prosecutor of the ICC has decided to continue the investigation
03:28because the former government did not fulfill their promise
03:33that they will have a proper investigation.
03:37For GMA Integrated News, Mackie Pulido reporting for 24 Hours.
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