Solicitor General Menardo Guevarra affirmed on Tuesday that the Philippine government cannot prevent the International Criminal Court (ICC) prosecutor from interviewing persons of interest in its investigation into the Duterte administration’s war on drugs.
ICC Prosecutor’s Mandate
“We cannot stop the ICC prosecutor from investigating. That’s his mandate. He can interview anyone by phone, by email, through local organizations, even face-to-face if the subject consents to be interviewed,” Guevarra stated, emphasizing the consistency with reality.
Senator Dela Rosa’s Concerns
Guevarra’s remarks came in response to Senator Ronald “Bato” dela Rosa’s questions about whether Guevarra and Justice Secretary Jesus Crispin Remulla were challenging President Ferdinand Marcos Jr.’s policy. Dela Rosa, a former chief of the Philippine National Police under Duterte, has been identified as a suspect by the ICC. He expressed concern that Guevarra’s “unsolicited opinion” could put the administration in a risky position by implying assistance to the ICC prosecutors.
Government’s Stance
Guevarra reiterated that the government has no legal duty to cooperate with the ICC. “My statements are clear and understandable by everyone. The government has no legal duty to cooperate with the ICC,” he said, affirming this stance aligns with the president’s policy.
Remulla’s Position
Justice Secretary Remulla also indicated that the government would not obstruct the International Criminal Police Organization (Interpol) if it were involved by the ICC.
Historical Context
The Philippines withdrew from the Rome Statute, the treaty establishing the ICC, in 2019 under then-President Rodrigo Duterte, following the tribunal’s initiation of a probe into his drug war. According to government records, around 6,200 drug suspects were killed during Duterte’s anti-drug operations. However, human rights organizations suggest the actual number might reach 30,000, considering unreported related deaths.