Marcos, Philippine legal execs meet on ICC situation, but mum on details
MANILA, Philippines (Updated 3:56 p.m.) — President Ferdinand Marcos Jr. has met with his administration’s top lawyers to discuss the International Criminal Court investigation into the former administration’s bloody “war on drugs.”
But the officials who attended the meeting remain mum on details or the decision they have agreed upon.
Solicitor General Menardo Guevarra told reporters that the “only agenda was the government’s position on the ICC investigation.”
But Guevarra deferred to the disclosure of the meeting’s details to Marcos.
“I’d rather leave it to the president to make any disclosure at this time,” he added.
Guevarra said other executives who attended the meeting are Executive Secretary Vic Rodriguez, Justice Secretary Jesus Crispin Remulla, Foreign Affairs Secretary Enrique Manalo and Presidential Legal Counsel Juan Ponce Enrile.
Asked about the meeting, Remulla only initially replied: “No comment.”
But at a chance interview with reporters later Thursday, he echoed the stance that the Philippines has already withdrawn from the ICC yet they want to investigate crimes here in the country even though the country has a functioning judicial system.
While he also refused to divulge the Palace's stand on the matter, Remulla continued: "My personal opinion and it can be shared by some members or some people I met with yesterday, in my opinion, they have no jurisdiction over our country when it comes to these things they want to investigate because we are not anymore members of the ICC. if we are still part of the treaty, then we acede to the treaty, but we are not anymore part of the treaty, we have withdrawn from it."
It is unclear when the meeting was held by private lawyer Harry Roque, who ran but lost as senator under Marcos’ ticket. He also posted a photo of the meeting on Wednesday saying he was there as a “private counsel.” Remulla said he was at the meeting as a consultant.
This was days after Marcos’ State of the Nation Address where he left out the human rights situation of the country and the ICC probe.
ICC investigation
In a separate press briefing at the Department of the Foreign Affairs, they acknowledged they are aware of the latest development in the ongoing preliminary investigation into the Philippines.
ICC Prosecutor Karim Khan in a document dated July 14 has invited the Philippines to “provide observations” on his request to resume the investigation into the Situation in the Philippines.
Guevarra said then that the OSG is considering options including challenging the jurisdiction of the case or its admissibility, or continuing to leave the communication lines with the ICC open.
DFA spokesperson Ma. Teresita Daza reiterated on Thursday the Philippine government’s commitment to fighting impunity, notwithstanding the country’s withdrawal from the Rome Statute.
“As the court of last resort, the ICC complements but does not replace national courts. It only operates in cases where national courts jurisdictions are unable or unwilling to prosecute,” she asserted.
This was among the reasons cited by the previous Duterte administration in asserting that the ICC has no jurisdiction in the Philippines because local mechanisms are working — contrary to the cries of “war on drugs” victims.
Returning to the ICC
But with a new president at helm, will the country rejoin the Rome Statute?
Daza pointed out that at this point, the Philippines has already withdrawn.
“For that we’ll have to wait, but as of now the Philippines is no longer party to the Rome Statute. We are in a period of transition. We will have to seek guidance as we are not the lead agency in terms of the ICC,” she continued.
The ICC gave the Philippines until September 8 to “provide observations” on Prosecutor Karim Khan’s request to continue with preliminary investigation. The victims and their legal representatives, meanwhile, have until September 22 to submit any additional or different views.
During the election campaign, Marcos said he would pursue Duterte’s "war on drugs" with the same vigor but with a different approach. Marcos said he will also focus on prevention, educating the youth on the ill effects of drugs and on improving rehabilitation centers.
But since he won the elections, Marcos has stressed the "importance of ensuring high-level of accountability in terms of human rights [violations]."
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Editor's note: The earlier version of this story identified the Foreign Affairs Secretary as Eduardo Manalo and not Enrique Manalo. We have since corrected it. We apologize for the error.
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