MANILA – The Office of Solicitor General (OSG) on Tuesday said the Philippine government cannot stop the International Criminal Court (ICC) prosecutor from interviewing persons of interest in its investigation on the Duterte administration’s war on drugs.
According to Solicitor General Menardo Guevarra, the ICC prosecutors can directly interview persons of interest through various means – online, phone call, email, or face to face.
“The Philippine government cannot stop him from proceeding in any way he wants,” Guevarra said. “He can directly interview persons of interest online, through the phone, by email, or face to face, subject to the consent of these persons.”
Guevarra, however, maintained that the Philippines has no legal duty to lend the body any assistance since the country has already disengaged from the ICC since the previous administration.
The Philippines, under then President Rodrigo Duterte, withdrew from the Rome Statute, the treaty that established the ICC, in 2019 after the tribunal began a probe into his drug war.
“The ICC prosecutor cannot expect that the Philippine government will facilitate for him,” Guevarra said.
According to government records, around 6,200 drug suspects were killed during the Duterte administration’s “war on drugs,” but human rights organizations say that the number may reach 30,000 due to the unreported related slays.
In January 2023, the ICC authorized the reopening of the inquiry after it was suspended in November 2021.
The ICC Appeals Chamber in July 2023 also denied the government’s plea against the resumption of the inquiry, prompting numerous government officials to speak against continued engagement with the ICC.
President Ferdinand “Bongbong” Marcos Jr. has previously said that the government would not serve any arrest warrant from the ICC against Duterte.
The Chief Executive added that he does not recognize the jurisdiction of ICC in the Philippines and considers the tribunal as a threat to the country’s sovereignty./PN
