Palace won’t cooperate, but ICC can proceed

The Philippine government has turned down a request by the International Criminal Court (ICC) for assistance to interview five individuals as part of its investigation into the bloody drug war during President Rodrigo Duterte’s administration.

Solicitor General Menardo Guevarra, however, said the decision will not prevent the ICC from interviewing the suspects in the drug war killings in the country.

Guevarra said he was uncertain about the government’s final response but pointed out that President Ferdinand Marcos Jr. has consistently asserted that the Philippines has no legal obligation to cooperate with or assist the ICC.

“All we’re saying is the government will not be involved,” Guevarra said.

But he added, “No, we’ll not get in the way. The ICC prosecutor can do that voluntarily, by himself, directly talking to these five people.”

Guevarra did not name the individuals the ICC wants to interview.

But earlier, former Sen. Antonio Trillanes IV said the ICC prosecutor considered Sen. Ronald de la Rosa and four other former and current police officials as suspects in its investigation.

The former lawmaker posted a confidential document stating that the ICC prosecutor had reasonable grounds to believe the following retired and serving members of the Philippine National Police had committed crimes within its jurisdiction.

In addition to De la Rosa, those named were former PNP chief Oscar Albayalde, former Criminal Investigation and Detection Group chief Maj. Gen. Romeo Caramat Jr., former National Police Commission official Edilberto Leonardo, and former PNP Chief Intelligence Officer Eleazar Mata.

Guevarra said the ICC prosecutor requested the government’s assistance because they cannot apply for an arrest warrant without comprehensive information about the drug war. He noted that while the prosecutor has access to the complainants’ side, there is limited information available from the perspective of the accused.

The government lawyer emphasized that the prosecutor must investigate all the facts, both incriminating and exonerating, to present a balanced account to the pre-trial chamber. The chamber will then determine whether or not to issue an arrest warrant based on the comprehensive information provided.

House probe could be evidence

The findings of the House Committee on Human Rights’ investigation into the alleged extrajudicial killings (EJKs) during the Duterte administration could potentially serve as additional evidence for the ICC prosecutors.