SolGen not optimistic on Philippines ICC appeal

MANILA, Philippines — Solicitor General Menardo Guevarra is not too optimistic that the Philippines will get a favorable ruling on its appeal against the resumption of the International Criminal Court (ICC)’s drug war probe.

The ICC is set to release its decision on July 18 on the Philippines’ appeal against the decision to allow the ICC prosecutor to proceed with the investigation into the drug killings when Rodrigo Duterte was president and, earlier, Davao City mayor.

“Going by the ICC’s previous actions, I’m not quite sanguine about a favorable ruling, but it cannot be said that we did not assert the primacy of our own legal and judicial system,” Guevarra, who headed the Department of Justice during the Duterte administration, told The STAR in a text message yesterday.

The Philippine government will no longer appeal whatever the decision of the ICC may be. “Regardless of the outcome, the Philippine government will continue its own investigation and prosecution of alleged abuses in relation to the war on drugs, and will ensure that Philippine sovereignty will be protected and upheld at all times,” the solicitor general said.

Should the appeal be dismissed, Guevarra said the ICC prosecutor will be allowed to investigate the situation in the Philippines and could charge “certain individuals,” depending on the evidence gathered.

The country’s primary legal counsel said the Philippines’ ambassador to the Netherlands Ed Malaya will attend the promulgation of the ICC.

For his part, Justice Secretary Jesus Crispin Remulla said whatever the ruling, the Philippines will not be affected as it is no longer a member of the ICC. He declined to comment on whether he shared Guevarra’s view on the issue.

In its appeal, the Philippine government questioned the Jan. 26 decision of the Pre-Trial Chamber I, which authorized the ICC prosecutor to resume investigation into the alleged crimes against humanity committed in relation to the drug war and the killings in the Davao region by the so-called Davao Death Squad.

The government had argued that the ICC no longer has jurisdiction over the Philippines since it had withdrawn from the Rome Statute, the treaty that established the international tribunal.

It also said the ICC probe lacked legal foundation and the Pre-Trial Chamber failed to consider the Philippine government’s willingness and ability to carry out its own investigations.

A ruling in favor of the Philippine government will halt the ICC prosecutor from investigating the killings and other crimes related to the war against illegal drugs.

The ICC Pre-Trial Chamber 1 granted on Jan. 26 the Prosecutor’s request to resume investigations into the Philippine situation, saying it was not satisfied with the argument that the Philippines is already undertaking relevant investigations that should warrant a deferral of the Court’s investigation.

The investigation was suspended by ICC Prosecutor Karim Khan in November 2021, following a deferral request by the Philippine government.

In June 2022, Khan sought the resumption of the probe. The ICC Pre-Trial Chamber gave the green light but the Philippine government asked the Appeals Chamber to suspend the probe while the appeal is being resolved.