The Department of Justice has not yet engaged with Malacañang regarding the International Criminal Court investigation, Justice spokesperson Jose Dominic Clavano IV said Friday.

In a Palace briefing, Clavano said that the matter is "way above my pay level" and that it has to be discussed between Justice Secretary Jesus Crispin "Boying" Remulla and President Ferdinand Marcos Jr.

He also said there has yet to be an official communication between Marcos and the DOJ regarding the ICC investigation.

"Well, I have talked about it before; they have discussed many things in the past," Clavano said.

"But with the new news coming out, they haven't talked, maybe for about a week, about the issue," Clavano added.

The ICC is investigating allegations of crimes against humanity committed during the administration of former President Rodrigo Duterte due to the war on drugs.

The Philippine government withdrew from the ICC last 2019, but the court has said that it can still investigate crimes that were committed while the Philippines was a member.

However, Marcos reiterated earlier this month that the ICC has no jurisdiction to conduct its investigation into Duterte's war on illegal drugs, as he insisted that the country's judicial system is well-functioning and can handle the case.

Earlier this week, state lawyers emphasized that the government is not required to cooperate with the ICC despite certain legislators advocating such a move.

In a message to the media, Solicitor General Menardo Guevarra said that the resolutions from lawmakers urging government collaboration with the ICC are simply statements reflecting their feelings rather than binding obligations.

"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 effectivity of the Philippines' withdrawal from the ICC in 2019," Guevarra said.

"The House (of Representatives) resolutions encouraging the government to cooperate, if adopted, are a non-binding expression of their sentiment only. On the other hand, rejoining the ICC is a policy decision that will involve both the executive and legislative departments. This matter needs a very serious study because many factors and competing interests need to be considered," he added.