Sen. Sonny Angara (L) with Solicitor General Menardo Guevarra. | PHOTO: Official facebook pafe og Sonny Angara
The government has no legal duty to cooperate with prosecutors of the International Criminal Court (ICC) in the investigation of alleged crimes against humanity during the Duterte administration鈥檚 bloody war on drugs, Solicitor General Menardo Guevarra reiterated on Tuesday.
He added that rejoining the tribunal was not something that the executive branch could decide on its own, despite President Marcos鈥� statement last week that the government was studying such an option.
鈥淸T]he ICC can no longer exercise its jurisdiction after the effectivity of the Philippines鈥� withdrawal from [it] in 2019,鈥� Guevarra told reporters.
鈥楴onbinding expression鈥�
The solicitor general, who served as Duterte鈥檚 justice secretary, stressed that the government鈥檚 refusal to cooperate with ICC prosecutors and the possibility of the country rejoining the ICC were two distinct issues.
鈥淭he House resolutions encouraging the government to cooperate [with the ICC investigation], if adopted, are a nonbinding expression of their sentiment only,鈥� Guevarra said.
He was referring to recent moves in the chamber to entertain such measures in the wake of a feud between House leaders and former President Rodrigo Duterte and his daughter, Vice President and Education Secretary Sara Duterte.
There are also separate calls to have the Philippines rejoin the ICC by setting aside Duterte鈥檚 March 2018 order withdrawing the country鈥檚 membership in the Rome Statute, the tribunal鈥檚 founding document. The withdrawal took effect in 2019.
Competing interests
On rejoining the ICC, Guevarra said that was a 鈥減olicy decision that will involve both the executive and legislative departments.鈥�
This matter needs 鈥渁 very serious study鈥� because many factors and competing interests need to be considered, he said.
On Nov. 24, the President suggested he was open to the possibility of rejoining the ICC, a reversal of his previous aversion to the idea.
鈥淭here is also [the] question: 鈥楽hould we return under the fold of the ICC?鈥� So that鈥檚 again under study. So we鈥檒l just keep looking at it and see what our options are,鈥� Mr. Marcos said, fueling talk of a widening rift between him and the Vice President, his 2022 鈥淯niteam鈥� running mate.
The Dutertes had tussled with the President鈥檚 cousin, Speaker Martin Romualdez, after House leaders realigned a combined P650 million in hard-to-audit confidential funds earmarked for the younger Duterte鈥檚 two offices for 2024.
A spokesperson for the Department of Justice (DOJ) echoed Guevarra鈥檚 sentiment, saying the ICC no longer enjoys jurisdiction over the Philippines after the 2019 withdrawal.
Speaking at the Bagong Pilipinas Ngayon news briefing, Assistant Secretary Jose Dominic Clavano IV reiterated Justice Secretary Jesus Crispin Remulla鈥檚 earlier statement that cooperation with the ICC needed 鈥渟erious鈥� study.
鈥淭he stance of the DOJ has not changed,鈥� he said.
Open to policy change
But Clavano did not discount the possibility of the Philippines changing its view. 鈥淎s of now, our stand is that the ICC has no jurisdiction although, of course, we will be open if ever we see any change in the policy,鈥� he said.
On rejoining the ICC, Clavano said the matter was 鈥渢oo far off because we are still studying it.鈥�
鈥淲e don鈥檛 want to appear as 鈥榖alimbing鈥� (two-faced). We have to be deliberate, we have to study it well so that our decisions will not affect our state,鈥� he said. INQ