In a press conference on Friday, Gascon explained that the ICC, being a court of last resort, can only act upon cases filed before it concurrently with a country's national court.
"If there is other mechanism... and we can show that the Philippines is willing and able to pursue cases, then the ICC will defer action," he said.
"But if it is shown that there is an unwillingness to pursue justice, doon papasok ang ICC. And I am afraid that with what is happening now, we may be moving to that direction," he added.
Gascon said this "unwillingness" may be seen in how cases of alleged extrajudicial killings are being treated under the Philippine justice system and by the President himself.
"Mahigit 7,000 ang napatay. Isa pa lang ang umabot sa korte," he said, referring to the father-and-son Renato and Jaypee Bertes who were killed by two cops inside the Pasay police station.
The Pasay City prosecutor's office recently found probable cause to charge the respondent policemen, PO2 Alipio Balo and PO1 Michael Tomas, with two counts each of murder.
Gascon also said Duterte's statements are also evidentiary to this "unwillingness."
"Ang Presidente na mismo ang nagsabi: I will pardon them if they are charged and I will promote them," he pointed out, citing Duterte's recent statement regarding the police officials involved in the killing of Albuera, Leyte mayor Rolando Espinosa Sr. last year.
"These statements create a belief that maybe we have a situation of impunity, that we cannot secure justice locally, and under those circumstances, it is possible that the ICC may exercise jurisdiction," Gascon said.
Gascon added they will continue to investigate the alleged extrajudicial killings in the country.
"Kami po sa Commission on Human Rights, ang aming pakay is to continue to document, undertake fact-finding. And if these will be helpful or useful for the purposes of the ICC, then so be it, because our common interest is accountability for human rights violations," he said.
Atty. Jude Sabio, counsel for self-confessed hitman Edgar Matobato, on Monday filed a complaint against Duterte and several other senior officials in the government at the ICC for allegedly committing crimes against humanity.
In his 77-page complaint, Sabio said Duterte "repeatedly, unchangingly and continuously" committed crimes against humanity and that under him, killing drug suspects and other criminals has become "best practice.
Source: WeBlogPh, msn
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