OSG Requests Supreme Court to Represent Government Officials in ICC Cooperation Suit

Manila: The Office of the Solicitor General (OSG) has made a formal request to the Supreme Court (SC) to be allowed to represent government officials involved in a lawsuit filed by the legal teams of former president Rodrigo Duterte and Senator Ronaldo dela Rosa. The lawsuit, initiated last March, challenges the Philippines' cooperation with the International Criminal Court (ICC).

According to Philippines News Agency, Solicitor General Darlene Berberabe, in a manifestation dated December 1, indicated that the OSG is retracting its previous request to withdraw from the case made by her predecessor, Menardo Guevarra. Berberabe stated, "After due consideration, the OSG hereby enters its appearance anew as counsel for all the respondents in the case."

The consolidated petitions from Duterte's legal camp argue that the Philippines' cooperation with the ICC is unconstitutional. They assert that the ICC's claim of jurisdiction infringes on the sovereign rights of the Philippines. Initially, Guevarra argued that the ICC lacks jurisdiction over the Philippines following the country's 2019 withdrawal from the Rome Statute.

The Department of Justice (DOJ) took over the management of the Supreme Court case after Guevarra stepped aside. The DOJ pointed out that President Ferdinand R. Marcos Jr.'s assistance to the International Criminal Police Organization (Interpol) is in line with fulfilling international obligations and executing his duties as the primary architect of the country's foreign policy.