Solicitor General Menardo Guevarra made it clear that the International Criminal Court can’t just swoop in and arrest former President Rodrigo Duterte over the war on drugs.      

Guevarra on Wednesday emphasized that the ICC lacks its muscle for arrests, addressing queries raised by the Daily Tribune about the potential arrest of the former president. 

“The ICC has no enforcement mechanism of its own, so it relies heavily on the cooperation of states, whether member or non-member of the ICC,” he said.

He added: “If it issues any arrest warrant against anyone for enforcement in Philippine territory, all that the Philippine government needs to do is NOTHING, pursuant to the directive of the President, due to major issues of sovereignty and jurisdiction.”

To recall, President Ferdinand R. Marcos Jr. reiterated that the ICC has no jurisdiction over the Philippines and his government will not cooperate in its investigation regarding the war on drugs of the previous administration.

“Let me say this for the 100th time. I do not recognize the jurisdiction of ICC in the Philippines. I do not; I consider it a threat to our sovereignty. The Philippine government will not lift a finger to help any investigation that the ICC conducts,” President Marcos said in an earlier media interview.

Guevarra, on the other hand, said the ICC lacks the authority to unilaterally effect the arrest of Duterte over the country’s drug war without coordinating with the Philippine government.

He said the ICC is supposed to give notice to and seek the assistance of the state concerned to effect the service of any legal process, especially a warrant of arrest. The ICC cannot do this on its own.

Guevarra’s clarification came in the wake of former presidential spokesperson Harry Roque’s assertion that Duterte had informed him about the possibility of imminent arrest following the ICC investigation.

In a Facebook live session, Roque said Duterte’s claim regarding his potential arrest was supported by rumors of Task Force Davao’s dissolution due to its perceived allegiance to Duterte.

The dissolution was denied by the Armed Forces of the Philippines Chief of Staff, General Romeo Brawner Jr. 

Order disengagement
from ICC

Roque also urged Marcos Jr. to order all agencies under the executive branch, the Philippine National Police and the Armed Forces of the Philippines, to disengage from the International Criminal Court when it enters the country’s jurisdiction.

“Based on intel, the former president informed me that he could be apprehended anytime. Unfazed, he vowed that the ICC would never get him alive,” said Roque, who also served as the head legal counsel of Duterte.

“Since he is already 80 years old, Tatay Digong will fight all attempts to detain and prosecute him in The Hague for alleged crimes committed in Philippine territory,” he said.

Roque maintained that the former president would only submit himself to the jurisdiction of Philippine courts.

“As his counsel, I maintain that the ICC lost its jurisdiction over the war on drugs case because the prosecutor failed to conduct a preliminary investigation before the effectivity of the Philippine withdrawal from the Rome Statute,” he said.

“Meanwhile, I welcome the clarification and assurance from the AFP and Chief of Staff Gen. Romeo Brawner Jr. that they will not demobilize the TFD anytime soon,” he said, adding that Task Force Davao had been effective in protecting Davao City from the threat of terrorism and extremism since 2003.

“Let me be clear, however, that I never said PBBM ordered the alleged demobilization or mentioned FPRRD as the source of the story,” he said.

PNP won’t obey ICC

The Philippine National Police said the jurisdiction of the ICC over the Philippines was questionable thus it would not enforce any arrest warrant it may issue against Duterte.