Former president Duterte unafraid of ICC arrest -- Roque | Business and Politics - video Dailymotion

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Former president Duterte unafraid of ICC arrest -- Roque | Business and Politics  Former president Rodrigo Duterte is unperturbed about being investigated and arrested by the International Criminal Court (ICC), his spokesman Harry Roque says.  Subscribe to The Manila Times Channel - https://tmt.ph/YTSubscribe   Visit our website at https://www.manilatimes.net   Follow us:  Facebook - https://tmt.ph/facebook  Instagram - https://tmt.ph/instagram  Twitter - https://tmt.ph/twitter  DailyMotion - https://tmt.ph/dailymotion   Subscribe to our Digital Edition - https://tmt.ph/digital   Check out our Podcasts:  Spotify - https://tmt.ph/spotify  Apple Podcasts - https://tmt.ph/applepodcasts  Amazon Music - https://tmt.ph/amazonmusic  Deezer: https://tmt.ph/deezer  Stitcher: https://tmt.ph/stitcher Tune In: https://tmt.ph/tunein  #TheManilaTimes #SMNIBusinessandPolitics

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00:00 Sir, I'm sure you've talked to your former boss former president or do you go to Terte?

00:04 I know you can't discuss or disclose everything that you've talked about

00:08 But what can you share with us about how he is viewing things?

00:12 What what is what his mood is these days is he positive or is he?

00:17 Disappointed what what's what's his view? What can you share with us? I think it's just being consistent

00:24 Okay, you know in the past he has said that he was not supportive of Marcus during the campaign despite the fact that his own

00:31 Daughter ran under Marcus his own spokesperson ran under Marcus. We're not really sincere. It was just political

00:37 No, he really said and he will still say it is a weak leader. Okay, okay, and he doesn't apologize for it

00:44 Okay, so he's being consistent. Okay, but one thing I can definitely say is

00:50 That he has denied any attempt to destabilize this government. Okay, and he has reiterated that

00:57 in case of a military coup

01:00 Even his daughter will lose her mandate. Hmm. In fact, he says if it happens that there's a military coup, he will tell

01:08 In the Isara not to be part of that government because she would be basically a puppet of the military, you know

01:15 So that's the last thing that he wants to happen because that would mean also an end to the political mandate of the daughter

01:21 Vice president salad the template. Okay. So in fact, he's very alarmed. Okay, so he denies any involvement

01:27 But he does say that perhaps the military has a reason

01:32 Okay, number one the fact that we don't know he's in control is number one

01:37 Okay, I think that's the concern of the military who is in control now and I will say it

01:44 The president has to take steps to deny

01:48 Allegations that he is a drug user until now

01:52 Would you know and I think to the military and I share the view of the president. This is now the most important consideration

01:59 because if he is

02:01 That would mean the president is really not in control of the country

02:05 Well, would you know if the former president is in touch with President Marcos? I mean, is there a dialogue?

02:10 I mean a line between them that not and not not so, you know

02:14 When when he offered that, you know when he said that he wanted to talk to the president on yes, and I yes

02:21 Secretary Challoy said of course anytime but it's not happen. It has not happened

02:25 It does not happen. It was only secretary Challoy that said that but

02:31 So that's what he said. He denies outright, but he sees why the military will be agitated

02:38 It's not an issue of corruption

02:41 But an issue of is he really in control of the country?

02:44 A lot. There's a lot of talk about him possibly running in 2025 for the Senate

02:50 Is there anything to suggest that based on what you've talked about that, you know?

02:55 Or can you share anything about that and now based on your discussions with them? I can only confirm

02:59 That people with vested interests want him to run

03:02 Okay, but people like me agree with him that he has nothing to prove anymore

03:08 Okay, but he's entitled to retire and enjoy the company of his great-grandson

03:12 Right, right and you know going back to this ICC thing

03:16 you know some people view that as sort of a

03:19 like a sort of domicile on on his head, you know, if he had any political ambition or any

03:24 motive to get back into the political arena that you know, maybe to say stay away, but how do you see that that

03:33 Well, you see again from a political

03:35 ICC is a bit touchy because we actually discussed that now and I'm covered by authority client relations

03:40 Okay, but what I can probably divulge is he's not afraid to be arrested by

03:46 Authorities pursuant to a warrant issued by the ICC. No, but in fact, he's openly asked

03:53 Yeah

03:53 if the military and the police are asked to serve the warrant of arrest on him because ICC has no

03:59 No independent international police and rely on cooperation of the Philippine government

04:04 All he will do is ask the military and the police go ahead do as you please

04:11 Yeah, I was gonna ask you know, you need to educate me a bit here because a lot of people, you know

04:15 So in a former senator, you know saying, you know, the ICC will issue a

04:18 Warrant of arrest, but you know, I'm not I'm not even sure if that is within the powers or maybe tell us

04:25 What exactly can the ICC do? I mean, what would be the process if they as you said, you know

04:30 They would have to go through the the PNP or the DOJ or what would be the procedure here? Well, if they want to

04:36 Serve you know a petition against him. Well that while the ICC is a proper court

04:43 It does not have the power to serve its own writs and processes

04:47 Okay

04:47 It relies a hundred percent on the cooperation of the state and that is why we have such a brouhaha on whether or not the Philippines

04:53 Will cooperate. Okay, but what the president

04:56 Does not a few appear to fully grasp is that cooperation is not just required on the investigation stage

05:03 Okay, if we are to believe

05:05 Senator to former senator Trillanes

05:08 They did not even need the government's operation and investigation because according to senator Trillanes they're done with the process of investigation

05:15 But what the president has not said is that he will also not cooperate

05:21 When it comes to service of the warrant of arrest against the president

05:24 That is the most important form of cooperation that the court would require from a state party

05:29 Because without jurisdiction over the person the case cannot proceed. Well, he did say that he will not lift a finger

05:36 I mean not not the exact one to investigate. They can come here

05:39 They will monitor them. But the most important issue of cooperation is arrest. Okay, and he was silent. Okay

05:47 So assuming that they the ICC wants to do this, you know, they would have to what did they do today?

05:53 Did they write to the Philippine government? They write?

05:55 through the

05:57 ambassador of the Philippines to the Hague and

06:00 Ambassador of the Philippines of the Hague will request a DFA to communicate with proper authorities and proper authorities here for purposes of affecting

06:10 The warrant of arrest would now be the PNP or the armed forces of the Philippines

06:14 What would be the the implication of withdrawing from the ICC? I mean if they you know, are we

06:20 Compelled to to follow because I mean we withdrew from it during during your term, right?

06:26 So absolutely not we are not under any for any compulsion to cooperate

06:30 Why because of a decided case already by the ICC itself? Okay. Now any withdrawal from the ICC does not take effect

06:38 Instantly, okay, it would only take effect a year after the deposit of the instrument of withdrawal

06:44 Okay

06:44 Now the ICC is unique in the sense that the prosecutor can't do anything without

06:50 consent of the court through the pretrial

06:52 Chamber and this is one way of enticing the United States to join because the United States has always complained that the prosecutor is

06:59 Too powerful can sue sitting presidents and yet has no accountability because in the US

07:04 Attorney generals are elected so in tight to entice the United States to join

07:09 Every step of the way the prosecutor has to ask now

07:12 When does the court procedure properly begin it begins with the prosecutor?

07:18 Asking for leave to commence preliminary investigation

07:22 Okay

07:23 Now if effectivity therefore of the withdrawal comes a year after instrument of withdrawal the positive instrument of withdrawal

07:31 Necessarily that leave must be asked by the prosecutor and granted within the one-year period that the state remains a member

07:39 even if it had already

07:42 Deposited the instrument of withdrawal and in the case of Burundi. This was precisely the ruling of the court

07:47 Okay

07:48 That because in Burundi the preliminary investigation was granted during the one-year period after withdrawal

07:54 Then the investigation can continue

07:56 Okay, but in the case of the Philippines the investigation was requested a year after the withdrawal had already taken effect

08:03 So obviously that ICC had lost its jurisdiction forever

08:08 What about the political implications here because they're obviously even even if that doesn't prosper

08:14 You know that this may have

08:16 some

08:19 Influence on how people will choose both in 2025 and in 2028

08:24 Well, I think the most review the most immediate is the president's

08:27 Insights into the matter. Okay. He says he's not afraid of being served the warrant of arrest

08:34 Okay, and we leave it to the people if they will allow his arrest. What does that mean? That sounds pretty ominous

08:48 Yeah, but to him it's a political question now the Marcos administration may cooperate to arrest him

08:54 The issue is number one with any policeman or any military person actually arrest him number two if they find

09:03 Yeah, will the people allow them to arrest him and bring him to the hate?

09:07 No, this is you know going to the hypothetical now if he decides to run in the Senate and there is a viable chance

09:14 Of winning because it's viable. He's number one in all the surveys

09:18 So very popular. Yeah

09:21 would being a senator grant himself no immunity to

09:25 What the ICC is doing or where the ICC has jurisdiction immunity is not a defense

09:31 I remember the president for this is you know, the Nazi trial of

09:35 of

09:38 Nuremberg I see so immunity is never a defense but to the president, you know, it's clear that since the ICC

09:46 requires consent to be a member and requires consent as a cornerstone of

09:51 Jurisdiction if that consent had already been withdrawn and had become effective

09:57 Then there is no duty to operate because the court has ceased to have jurisdiction

10:01 So you would say that you know, the ICC would not be a motivation for the former president to reenter politics

10:09 Nothing, I can be a motivation for him to reenter politics. No, I'm done

10:13 I agree and I know you said you agree and you said he deserved to to rest

10:18 But what's his mood like you seen a fighting mood is he?

10:22 As you said just you know being stoic about it and you know, let things happen

10:27 And just let's just say he's in an accepting mode

10:31 okay, if the people will allow his arrest if the soldiers and the

10:38 Policemen

10:40 For whom he conducted and the drug war and whom he defended leading to

10:46 The complaints to be filed against him will arrest him. He will accept that fate

10:51 is he concerned about you know, the possible violence that may erupt because of you know, if a

10:57 Warrant is served on him. Is he worried about that at all?

11:01 All I'm saying is he will leave it to the people

11:04 I see he will make it into a political question and if the administration cooperates on the issue of arrest

11:09 They better be prepared also to respond to how the Filipino people will respond to this political question

11:17 But knowing him or more than the average Filipino, right?

11:20 Do you think he would he would be the kind of person who would?

11:23 Let violence happen or would would intervene and say look I'm all enough

11:31 You know as you said, you know, I'll accept whatever comes to me and stop all of this violence

11:36 I see something like that or would would would he just step back and let things happen?

11:41 Well, I said his statement on its face value. Okay, he will let the people decide on his fate either way

11:49 Let the people decide

11:51 you

11:53 You

11:55 You

11:58 You

12:00 [BLANK_AUDIO]

Former president Duterte unafraid of ICC arrest -- Roque | Business and Politics

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