By Beatrice Puente
(December 1, 2023) – As lawmakers push for resolutions seeking the Philippines’ cooperation with the International Criminal Court (ICC), solicitor general Menardo Guevarra on Friday maintained that only President Bongbong Marcos Jr. can decide whether he will accept the requests or not.
Guevarra said the administration already made its position clear when its request for deferral of investigation into the brutal war on drugs of former President Rodrigo Duterte was rejected by the ICC.
“Walang legal duty ang Philippine government to cooperate,” said Guevarra on Ted Failon and DJ Chacha sa Radyo 5. “Ituloy nila (ICC) ang investigation kung gusto nilang ituloy but we don’t have any legal duty or obligation to provide any cooperation in the investigation. ‘Yun ang stand ng Philippine government.”
In a joint hearing, the panel on justice and panel on human rights in the House of Representatives approved three resolutions urging Marcos to cooperate with the ICC in the latter’s investigation into Duterte’s cruel war on drugs. A similar resolution is also being deliberated upon in the Senate. Resolutions have no force or effect of law.
Guevarra noted that the resolutions, which merely express the sense of lawmakers on the issue, may be looked into by Marcos once they pass the plenary but it remains to be seen how he will decide on the matter.
“It’s a political decision that has to be made by the president,” said Guevarra.
Speaking about his personal stand, Guevarra said it may not be illegal for ICC representatives to come to the Philippines if they only aim to conduct interviews and gather documents. However, he clarified that the issue of desirability is a different matter that the Office of the Solicitor General has no control over.
“Pagdating sa bagay na ‘yan, may leeway o may discretion ang DOJ (Department of Justice) at ang BI (Bureau of Immigration). In certain instances, may mga ‘di pinapapasok ang BI, upon the instruction of the DOJ, kung tingin nila undesirable ‘yung alien,” explained Guevarra, who served as DOJ secretary under Duterte.
Last July, the DOJ said it won’t allow the entry of ICC investigators if they come to the Philippines, citing the decision of Marcos to disengage with the tribunal.
The pullout of the Philippines from the Rome Statute, as ordered by Duterte, took effect in 2019.
Marcos recently claimed that the proposal for the country to return to the ICC is still “under study.” Affirming this position, Guevarra, who was picked by Marcos as solicitor general, said there are multiple facets to consider first.
He added that the circumstances when the Philippines first joined the ICC in 2011 were very different from the way things are now.
“Kung tatanungin ako ngayon, hindi ko rin masasagot kung ire-recommend ko to rejoin (the ICC) or not. Maraming factors na iko-consider, maraming competing interests na dapat i-factor in,” said Guevarra.
(PM)
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