As the country reels from back-to-back disasters -several destructive cyclones and a deadly earthquake – the Senate chose this week to pass a resolution urging the International Criminal Court (ICC) to place former president Rodrigo Duterte under house arrest for ‘humanitarian’ reasons.
The measure was approved by a slim majority, with15 votes in favor, three against, and two abstentions.
It was framed by its backers as a gesture of fairness. Senate Minority Leader Allan Cayetano, Duterte’s former foreign affairs chief, refused to discuss Duterte’s deadly war on drugs, saying the resolution was not about vengeance on Duterte, but justice.
But lawyers say the resolution has no real effect on Duterte’s fate at The Hague.
No legal weight
‘The resolution carries no weight at all, as far as the ICC is concerned,’ ICC-accredited lawyer Joel Butuyan told Philstar.com. ‘I think it was just passed to deflect public attention from the flood control scandal.’
Human rights lawyer Kristina Conti, who serves as assistant counsel at the ICC, agreed that the court will consider only mattes of fact and law.
‘The Senate as an institution is not in any way involved in the ICC process, and it is unclear how the resolution will be communicated to the international court,’ Conti said.
‘Unless the Senate has direct knowledge of Rodrigo Duterte’s physical and mental health and their report is transmitted to the ICC through the proper channels, then the resolution will be mere political noise,’ she added.
A show of Duterte’s power
Instead of heeding the resolution, both lawyers said the ICC is more likely to see it as a reminder of Duterte’s continuing political clout.
‘It shows to the ICC that Duterte is still powerful in the Philippines, that he still has very powerful allies, he can even have an overwhelming majority of the Senate to advocate his personal interest. All of these show that if he is released, it will endanger victims and witnesses,’ Butuyan said.
Apart from Duterte’s family members still exercising influence in their bailiwick of Davao, having support in the Senate would show how this influence extends nationwide, Conti said.
Butuyan agrees. “It shows to the ICC that Duterte is still powerful in the Philippines, that he still has very powerful allies, he can even have an overwhelming majority of the Senate to advocate his personal interest. All of these show that if he is released, it will endanger victims and witnesses.”
She believes that the court may also be aware that among the senators who passed the resolution could have had a hand in the drug war.
Tony La Viña, the former dean of Ateneo de Manila University’s School of Government, told Philstar.com that the Senate’s resolution does not help in Duterte’s bid for interim release.
“This is bad for Duterte’s petition for interim release as this shows he has power and influence that can be used against victims,” La Viña said.
Noise, distraction
For Butuyan, the resolution also looked like an attempt to divert attention from the ongoing corruption probes into flood control projects. Several senators close to the Dutertes have been tagged in the schemes, including former Senate president Chiz Escudero.
‘If the Senate really cares for the people they serve, they should first pass a resolution commiserating with the families of victims of the war on drugs and set aside a fund to help the thousands of children orphaned by it,’ Butuyan said.
The ICC is prosecuting Duterte over his war on drugs, which is estimated to have killed as many as 30,000 people. Duterte was turned over to the court in March this year, but his allies continue to push for his release.