DFA: Philippines’ arrest of Duterte not covered by US sanctions vs ICC

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'Nothing in the US statement that says cooperation [with] Interpol would not be acceptable,' says Foreign Secretary Enrique Manalo

MANILA, Philippines – Philippine Foreign Secretary Enrique Manalo said on Thursday, April 10, that the arrest of former president Rodrigo Duterte by Philippine authorities will not be covered by US President Donald Trump’s sanctions against people who help the International Criminal Court (ICC).

“We have not cooperated directly with the ICC, we have cooperated with Interpol, that’s why I don’t believe we fall under that US executive order,” Manalo said on Thursday during the Senate hearing called by Senator Imee Marcos.

In lieu of legislation that has not been passed yet, Trump instead signed an executive order (EO) last February sanctioning people who help ICC investigations. It was motivated by the US wanting to protect its ally, Israeli Prime Minister Benjamin Netanyahu, who has been ordered arrested by the ICC over bombings in Gaza.

Human rights lawyers, however, fear that the wording of the Trump EO is so vague it can cover anyone as remote as a Filipino, especially since we are no longer members of the ICC. In addition, the language of the order protects those who have not given their consent to the court. In a broad reading, Duterte has not consented to the court’s jurisdiction. The order also refers to allies, and Philippines is a non-NATO ally.

In fact, that’s what Marcos and Senator Ronald “Bato” Dela Rosa are proposing. Dela Rosa said that the owners of the plane that took Duterte to The Hague will have their American assets frozen.

Manalo, however, uses this framework — that the Philippines’ arrest of Duterte was compliant with cooperation with the Interpol, and not with the court directly.

“We’ve already made very clear we were not under its jurisdiction, what happened in the case of President Duterte was cooperation with Interpol, and that we are a member of the Interpol, and there’s nothing in the US statement that says cooperation [with] Interpol would not be acceptable,” said Manalo.

Marcos’ hearing is based on the position that allowing foreigners to arrest and take Duterte was a violation of Philippine sovereignty.

Critics said running to Trump to punish Filipinos just to protect Duterte would also be forsaking sovereignty.

“Puwede pero tinatanong ko lang kasi may ibang nagtatanong tutal itong Interpol, ICC, eh di ilahat na natin pati ‘yung EO kasi ang liwa-liwanag ng sanctions sa ICC at saka ‘yung mga pagdedeklara na ang Pilipinas ay non-NATO ally. Kailangan kasi discuss natin lahat eh, nandiyan na eh,” said Marcos after the hearing.

(That could be, but I’m just asking because others are asking. Anyway we’re talking about Interpol and ICC so I want to cover all, including the EO, because the sanctions on the ICC are clear, and the declaration that we are a non-NATO ally. So let’s just discuss it, because it’s there already.) – Rappler.com