The implementation of a possible red notice by the International Criminal Police Organization (Interpol) against persons involved in the Duterte administration’s drug war will be ultimately decided by the Philippines‘ judicial authorities and law enforcers, the Department of Justice (DOJ) said Saturday.
Justice Undersecretary Raul Vasquez issued the statement at a news forum, saying this would be the country’s position should the Interpol come to an agreement with the International Criminal Court (ICC) and the latter issues a warrant of arrest against the relevant personalities.
„Assuming na tatanggapin ng Interpol ‚yan at magpadala ng red notice (Assuming that the Interpol will accept that and send a red notice), in the final analysis, it is the Philippine authorities, judicial, law enforcement that will determine whether or not to implement it,“ Vasquez said.
The DOJ official echoed previous statements of Justice Secretary Jesus Crispin Remulla, saying that while the Philippines had already withdrawn from the ICC, the country is still a member of the Interpol.
„Tanggapin mo man ‚yan bilang obligasyon mo, hindi mo puwedeng itapon, pero remember na lahat ng red notice may or may not be allowed, depending on the determination of the local authorities,“ he added.
According to Interpol, a red notice is a „request to law enforcement worldwide to locate and arrest a person pending extradition, surrender, or similar legal action.“
Interpol said a red notice is „not an international arrest warrant,“ adding that, „Member countries apply their own laws in deciding whether to arrest a person.“
The ICC is investigating former President Rodrigo Duterte and other top officials of his administration for crimes against humanity over the alleged systematic drug war deaths in police operations.
These deaths reached around 6,000 based on police records, but human rights groups contend that the deaths were as much as 30,000, including vigilante killings.
The former President, however, has insisted that the Philippines was not under ICC’s jurisdiction due to Manila’s withdrawal from the Rome Statute in March 2019.
Coordinating body
Vasquez said that should the Interpol issue a red notice, the matter will be coordinated through the Philippine National Police (PNP), which has been designated as the country’s Interpol National Central Bureau.
„So coordinating body ‚yan at sila ang mag-i-implement na ‚yan if ever dumating ang panahon na ganu’n,“ he said.
Senator Ronald „Bato“ dela Rosa earlier in the week questioned the recent remarks of Remulla and Solicitor General Menardo Guevarra with regard to the developments in the ICC’s investigation on the Duterte administration’s drug war.
In a privilege speech calling for the protection of the country’s sovereignty, Dela Rosa said allowing ICC’s jurisdiction over the Philippines is a „looming constitutional crisis.“
Dela Rosa cited Remulla’s statement earlier this month saying the DOJ is „not in the business of blocking the movement“ of the Interpol,“ which the senator found „surprising.“
Earlier this month, Remulla was asked about the Interpol’s possible implementation of an ICC arrest order. Remulla said, „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 kaya hindi natin ginagalaw ‚yan (we leave that untouched).“ — VDV, GMA Integrated News
In conclusion, the decision on whether to implement a red notice issued by Interpol against individuals involved in the Duterte administration’s drug war ultimately lies with the Philippine authorities. Despite the country’s withdrawal from the ICC, it remains a member of Interpol, and any red notice issued will be subject to the determination of local authorities. The coordination of such matters will be handled by the Philippine National Police, designated as the Interpol National Central Bureau. The ongoing investigation by the ICC into alleged crimes against humanity in the drug war continues to raise questions about sovereignty and international commitments. The complex interplay between international organizations and national jurisdictions underscores the importance of legal processes and the rule of law in addressing human rights issues on a global scale.