Guevarra: ICC may indict ‘certain individuals’ if PH loses appeal

Should the Philippines' appeal against the resumption of the International Criminal Court's (ICC) drug war probe be dismissed, Solicitor General Menardo Guevarra on Thursday said the ICC prosecutor could indict certain individuals if there is sufficient evidence.

"If it is dismissed, the ICC prosecutor will be authorized to resume his investigation into the Philippine situation and he may indict certain individuals based on whatever evidence he may be able to gather," Guevarra told GMA News Online.

The ICC's appeals chamber is set to issue next week its decision on the Philippines' plea against the continuation of the ICC prosecutor's investigation of the killings attributed to the country's war on drugs.

In a three-page scheduling order signed by Presiding Judge Marc Perrin de Brichambaut, the appeals chamber said, "Judgment in the above appeal will be delivered in open court on Tuesday, 18 July 2023 at 10h00."

When asked if former President Rodrigo Duterte and other officials of his administration may be among those who could be indicted, Guevarra said, "Anyone may be charged with enough evidence."

Under the Duterte administration's controversial drug war, at least 6,200 suspects were killed in police operations based on government records. Human rights groups, however, claimed the actual death toll could be from 12,000 to 30,000.

Guevarra, meanwhile, reiterated that the country’s domestic institutions are "investigating and prosecuting the abuses" committed in the drug war.

"It will not change the fact that our own domestic institutions are investigating and prosecuting abuses committed in relation to the government's campaign against illegal drugs," said Guevarra, who headed the Department of Justice (DOJ) during the Duterte administration.

"We can discharge this responsibility with or without the ICC," he added.

Favorable ruling seen

According to Guevarra, the Philippines has a "fair chance" of getting a favorable ruling.

Duterte pulled the Philippines out of the Hague-based tribunal in 2019 after it began a preliminary probe into his drug war, followed by the launch of a formal inquiry later that year.

The probe was suspended in November 2019 after the Philippine government said it was re-examining several hundred cases of drug operations that led to deaths at the hands of police, hitmen and vigilantes.

ICC prosecutor Karim Khan had asked to restart the inquiry, saying the Philippine government had not provided evidence it was carrying out thorough inquiries.

The ICC authorized the reopening of the inquiry in January 2023.

In an appeals brief filed in March, the Philippine government sought the reversal of the decision of the ICC to reopen an inquiry.

Duterte, for his part, has continuously dismissed the ICC investigation.

President Ferdinand Marcos Jr., meanwhile, has previously questioned the ICC's jurisdiction in conducting the probe.

"I do not see what their jurisdiction is. I feel that we have in our police, in our judiciary, a good system. We do not need assistance from any outside entity. The Philippines is a sovereign nation, and we are not colonies anymore of these former imperialists," Marcos said in February. —KBK, GMA Integrated News