ICC can’t arrest FP Duterte

Solicitor General Menardo Guevarra said the International Criminal court (ICC) cannot just arrest former president Rodrigo Duterte in connection with the war on drugs because it has no enforcement mechanism of its own.

This was the response of Guevarra when asked by the Daily Tribune on the possibility that the former president will be arrested by the ICC.

“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,” said Guevarra.

“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,” explained Guevarra.

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.

He made the remarks to clarify reports saying ICC representatives are in the country and whether the government allowed them to enter the Philippines and also whether the government will cooperate with the probe.

“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 as a threat to our sovereignty. The Philippine government will not lift a finger to help any investigation that the ICC conducts,” President Marcos said during 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," he added.

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.

Roque also mentioned in a Facebook live session that 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 though was denied by Armed Forces of the Philippines Chief of Staff General Romeo Brawner Jr.