Manila – The Philippine government remains steadfast in its position of non-cooperation with the International Criminal Court (ICC) despite calls from some lawmakers for engagement.
According to Philippines News Agency, Solicitor General Menardo Guevarra, in a message to the media, clarified that resolutions by lawmakers encouraging government cooperation with the ICC are non-binding expressions of sentiment. "Non-cooperation with the ICC prosecutor and rejoining the ICC are two different things. The government has no legal duty to cooperate with the ICC prosecutor in his investigation of the drug war because the ICC can no longer exercise its jurisdiction after the Philippines' withdrawal from the ICC in 2019," Guevarra explained. He noted that the ICC prosecutor was authorized to investigate only in 2021.
The House of Representatives' resolutions, if adopted, would merely express their sentiment and not obligate the government to cooperate. Rejoining the ICC, as Guevarra pointed out, is a policy decision that requires serious consideration by both the executive and legislative branches due to various factors and competing interests.
Echoing Guevarra's stance, Department of Justice (DOJ) spokesperson Mico Clavano confirmed that the administration's position against participation in the ICC's investigation remains unchanged. This follows statements allegedly made by Vice President Sara Duterte urging the DOJ to clarify its stand on the ICC's resumed investigation into the drug war under her father, former President Rodrigo Duterte's administration.
Clavano emphasized that the DOJ's stance is that the ICC has no jurisdiction over the Philippines. However, he indicated that the DOJ remains open to reviewing its position if there is a change in the administration's policy direction. "We need to be deliberate and study thoroughly to ensure our decisions do not negatively impact the state's interests," Clavano added.
