The administration of President Ferdinand Marcos Jr. has been consistent in its stand that it won’t cooperate with the International Criminal Court (ICC) in its probe into former president Rodrigo Duterte’s drug war.

But on Thursday, August 1, Department of Justice (DOJ) Secretary Jesus Crispin “Boying” Remulla said his agency will not block the International Police (Interpol) from arresting alleged ICC suspects in the country.

“We are not in the business of blocking any movement of the Interpol, unless a policy is laid out, which of course will go against our international commitments. That’s why we’re not gonna do it,” Remulla said on Thursday, August 1, in a mix of Filipino and English. “That is the future issue at hand now. If they issue a warrant of arrest, it’s the Interpol’s job to serve it. And we have an obligation to the Interpol.”

The ICC, which is currently probing into Duterte’s drug war and the killings under the so-called Davao Death Squad, has no police force or enforcement body, so it relies on cooperation with countries in dealing with arrests or transferring arrested persons.

Aside from this, the ICC also has an agreement with the Interpol signed in 2004, which allowed the ICC prosecutor’s office and the Interpol “to exchange police information and criminal analysis, and to cooperate in the search for fugitives and suspects.”

On Thursday, Remulla reiterated that the ICC can reach out to the Interpol for assistance and the court might tap the international police force in implementing its orders.

“The ICC will go directly to the Interpol and there would be an international notice. If the Interpol has a notice and there’s a request to implement, the ICC and the Interpol will talk to each other,” Remulla explained. “We need to discuss that as well as a legal group within the government. But most of the time, we respect the actions of the Interpol, 99.9% of the time.”

On Thursday, Remulla again said that the Philippines has no obligation to the ICC since the country cut its ties with the international court. Article 129 of the Rome Statute has always been clear that all proceedings prior to the withdrawal of a country remain valid. The Philippines’ very own Supreme Court holds the same position and said the country is obliged to cooperate with the ICC.

Despite his reiteration of the Marcos government’s stance on the ICC, Remulla’s remark about not blocking the Interpol was unlike his previous statements against the court. In 2022, Remulla even hit ICC prosecutor Karim Khan and said the ICC prosecutor is doing the court a “disservice” for challenging the Philippine justice system.

“The principle of comity dictates that we’re friendly to them, or we do not block anything legal that they’re doing. But if they’re doing something illegal, then we will not tolerate that if they violate our laws,” Remulla said. “But as long as they do not violate our laws, we allow them to exist in our country.”

How Interpol works

If the Philippines blocks the Interpol, Remulla warned that the country could face repercussions.

“If we block them, we might face repercussions…. We will study the possibilities or the indications of dealing with the Interpol on this matter. But we are not in the business of blocking the Interpol’s job, which is to fight international crime,” the DOJ chief said.

“That’s the very, very tricky part of it. It’s going to be a question of Interpol’s role in this world of ours. Because our country does not exist alone. We’re part of a community,” he added.

The Philippines is a member-state of the Interpol, which means it has an obligation to cooperate with the international police body. The Philippines and 195 other countries comprise the Interpol and “work together and with the General Secretariat to share data related to police investigations.”

Since the Philippines is a member, it hosts an Interpol National Central Bureau (NCB), which connects the country’s law enforcement with other Interpol members and Interpol’s general secretariat. According to the Interpol, countries seek information from other NCBs to help in investigating crime or criminals in their own countries.

This mechanism was tested when the Philippines went after former Negros Oriental lawmaker Arnolfo “Arnie” Teves, the alleged mastermind behind the killing of late Negros Oriental Governor Roel Degamo.

Teves, who flew to Timor-Leste, was on the Interpol’s red notice alert and was arrested through collaboration between the Interpol NCB in Dili and the local Timorese police. In arresting Teves, Timor-Leste adhered to the Interpol’s processes.

Why this matters

The ICC is currently probing the alleged killings under Duterte and might issue either warrants or summons for the people who will be tagged. Khan has already requested an interview with Philippine officials being regarded as “under suspicion.”

Former senator Antonio Trillanes IV said this week that the ICC had asked the Interpol to issue a blue notice against five former and current police officers whom he earlier named. The named officers include former police chiefs Senator Bato dela Rosa and Oscar Albayalde. A blue notice is different from a red notice because it only means that a body or a nation seeks to have additional information about individuals in relation to their investigation.

Remulla did not confirm on Thursday Trillanes’ statement about the ICC’s alleged request to the Interpol.

The Interpol mechanism is important in relation to the ICC because it demonstrates how the international court can still flex its powers in the arrest of possible suspects, despite not having its own police powers. This would be tested yet again in the event that the ICC issues a warrant or summons against persons involved in the drug war, and taps the Interpol.

This was the “tricky part” Remulla was referring to: the Philippines is no longer an ICC member, but it is a member-state of the Interpol. So in a way, the Philippines would have an obligation to deal with suspects ordered arrested by the ICC through the international police body.

In the event that the Philippines does not cooperate with the Interpol, the ICC can still request the other 195 member-states for assistance, and possibly arrest and detain the subjects on its behalf. – Rappler.com