ICC’s arrest power ‘out of reach’ — SolGen

The International Criminal Court can issue arrest warrants against Filipinos, but their enforcement is another matter, Solicitor General Menardo Guevarra said yesterday.

Guevarra said warrants may be issued against Philippine government officials in connection with the drug war during the administration of former President Rodrigo Duterte.

“The ICC may issue a warrant, but its enforcement in Philippine territory is another matter. That is why the cooperation of the Philippine government is crucial,” he said.

He said the issuance of a warrant would be based on the ICC pre-trial chamber’s assessment of reasonable ground that a person had committed a crime.

Guevarra, however, said the ICC prosecutor must investigate both “incriminating and exonerating” evidence.

“In other words, his investigation must be free of bias and prejudice; otherwise, it would be insufficient for the issuance of a warrant,” he said.

The SolGen made the remarks when asked if the ICC could issue arrest warrants against Vice President Sara Duterte and other Philippine officials.

Former Davao Senior Police Officer Arturo Lascañas, who claimed to be a member of the alleged Davao Death Squad, recently accused the Vice President of orchestrating “Oplan Tokhang” in Davao City during her stint as mayor in 2012.

Lascañas said he submitted a 186-page affidavit to the ICC containing information on the alleged extrajudicial killings during the mayoral term of former president Rodrigo Duterte that continued under his daughter Sara.

The vice president has said that she will face accusations linking her to the DDS only before a Philippine court, pointing out that it was only when she was elected Vice President that her name was linked to the DDS.

Stand stays

Guevarra said the government’s position of non-cooperation with the ICC has not changed, as “it is not affected by the winds of politics.”

The Department of Justice echoed the position, reiterating that the Philippine justice system is working and can address internal issues without external interference since the country is no longer a state party to the Rome statute.

Earlier, the DoJ said foreign entities must first obtain the approval of several government agencies before conducting official activities within the Philippines.

Former president Duterte 2019 withdrew the Philippines’ membership from the Rome Statute. This treaty established the ICC after the tribunal began a probe into the drug war, followed by a formal inquiry in September 2021.

In November 2023, President Ferdinand Marcos Jr. stated that a return to the ICC fold was under study. In the same vein, he said the ICC threatened Philippine sovereignty and reiterated that he did not recognize its jurisdiction.

Sister’s advice

Meanwhile, Senator Imee Marcos said the DoJ should mirror the stance of President Ferdinand Marcos Jr. on the ICC investigation into the Duterte administration’s controversial drug war.  

In a television interview, the elder Marcos’ sibling reminded her younger brother to make a uniform stand on the issue as it confuses others.

“With the ICC, let’s have the DoJ and all its employees, undersecretaries, and what have you echo the President’s message that there should be an end to this,” she said.

“This should be clear. The government can’t go rogue. Everyone is just saying different things,” she added.

Last month, President Marcos said the Philippine government would not cooperate with the ICC’s investigation into the bloody drug war of his predecessor, stressing that he considered the international body a “threat” to the country’s sovereignty.

“I consider it a threat to our sovereignty. Therefore, the Philippine government will not lift a finger to help any investigation that the ICC conducts,” he said.

He assured a month after he had said that he was studying the country’s possible return to the ICC.

Senator Marcos admitted that the issue of the ICC may have played a role in the ongoing feud between her brother and the former president, whom she considers a “friend.”

“I’m certain that the ICC is among them,” she said.