The Philippine government may allow the International Criminal Court to conduct a probe in the country regarding the deadly war on drugs during the previous administration of President Rodrigo Duterte if legal procedures are followed, its justice minister said Thursday.

"We're not here to stop them because if they're not doing anything illegal, there's nothing wrong with that," Justice Secretary Jesus Crispin Remulla told Kyodo News in an interview, referring to the ICC's investigation into Duterte's anti-narcotics campaign that critics say disregarded human rights and left thousands dead.

Justice Secretary Jesus Crispin Remulla speaks in an interview in Manila on Jan. 18, 2024. (Kyodo)

"If they're getting statements, they're getting evidence. It's okay," Remulla said of the ICC investigators. "But we have to clarify many issues, especially about procedure."

The Philippines has not been a member of the ICC since March 2019, after the Duterte administration initiated the withdrawal. It was partly for this reason that the government had objected to any ICC investigation.

But the Hague-based tribunal said it retains jurisdiction over alleged crimes committed while the Philippines was a member from November 2011.

Duterte implemented the war against illegal drugs while he was president from 2016 to 2022, with suspected drug dealers or users being victims of alleged extrajudicial killings.

Remulla said he had heard rumors of investigators from the ICC Office of the Prosecutor having visited or currently visiting the Philippines, expressing hope they would coordinate with his office.

"We will have to deal with several legal implications of the action of the ICC in the Philippines, and it might have to end up in the Supreme Court of the country," he said, noting that "procedural matters have to be observed to make sure that the rights of people are respected."

President Ferdinand Marcos Jr., who succeeded Duterte, is opposed to the ICC investigation, citing the capability of local authorities to conduct any probe. However, he did not rule out the possibility of the Philippines joining the ICC again, saying in November that the idea is "under study."


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