SolGen on De Lima’s intent to help ICC probers: Don’t expect gov't cooperation
MANILA, Philippines — Former Senator Leila De Lima can help the International Criminal Court’s prosecutors but cannot expect cooperation from the Philippine government, Solicitor General Menardo Guevarra said.
“Senator De Lima is now a private individual, and nothing prevents any private person to assist the ICC investigator in pursuing ‘yung kanyang investigation in the Philippines. That’s her privilege if she wants to help the ICC prosecutors,” Guevarra said in a press briefing with reporters on Friday.
(Senator De Lima is currently a private individual, and there is nothing stopping any private person from aiding the ICC investigator in pursuing their investigation in the Philippines. It's her prerogative if she chooses to assist the ICC prosecutors.)
On Wednesday, De Lima expressed her intention to help in “whatever capacity” in the investigation of the extra-judicial killings during the war on drugs.
“Dati ko pa talagang iniisip yan, in whatever capacity, kung ano pa bang pwedeng gawin para makatulong sa imbestigasyon ng ICC. Although it’s ongoing, I am very much willing,” she said in a separate interview with the reporters.
(I've really been thinking about that for a while now, in whatever capacity, what else can be done to help with the ICC investigation. Although it's ongoing, I am very much willing.)
“After all, sinimulan ko rin naman yang investigation na ‘yan,” she added.
(After all, I also started that investigation.)
Guevarra also reiterated that the ICC did not rule on matters of jurisdiction. He cited the two judges of the ICC appeals chamber who voted to stop the investigations in the country due to jurisdictional issues.
“Nothing prevents a prosecutor, he can conduct his investigations in any way he wants. The only problem is, wag siya mag expect ng cooperation,...direct and actual cooperation from the government because the Republic of the Philippines maintained its question of jurisdiction,” Guevarra said.
In July, President Ferdinand Marcos Jr. said that the country would not cooperate with the ICC investigation also citing jurisdictional issues.
However, Retired Supreme Court (SC) Senior Associate Justice Antonio Carpio pointed out that the Philippines still has an obligation to cooperate with the ICC investigation because the country was still a member of the Rome Statute when the alleged crimes were committed during the war on drugs.
Carpio cited the 2021 Pangilinan et al. vs. Cayetano et. al. case, in which the Supreme Court rejected the petitions challenging the validity of the Philippines' withdrawal from the ICC.
“We have the obligation to cooperate because these are crimes which were allegedly committed before we withdrew. It is our obligation. I am just quoting the Supreme Court decision,” Carpio said on November 15 citing the decision penned by SC Senior Associate Justice Marvic Leonen.
In March 2019, the Philippines exited the Rome Statute following the commencement of ICC prosecutor Fatou Bensouda's preliminary investigation into alleged human rights abuses during former President Rodrigo Duterte’s anti-drug campaign.
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