Tolentino urges SolGen to monitor ICC proceedings amid PH disengagement

Senator Francis Tolentino on Friday advised the Office of the Solicitor General to continue monitoring the proceedings on the drug war probe even after the Philippines disengaged from the International Criminal Court (ICC).

The lawmaker issued the remark after Solicitor General Menardo Guevarra disclosed that he and President Ferdinand “Bongbong” Marcos Jr. agreed that the appeal before the ICC was the end of the country’s engagement with the international tribunal.

“That (disengaging) is the appropriate manner on how this issue should be approached… disengagement would really mean that, formally, we will not cooperate but they should be still monitoring what would be happening within the premises of ICC,” said Tolentino, the chairman of the Senate Justice and Human Rights Committee.

“So if the investigation would proceed, I think it would be wise for the Solicitor General’s office to… monitor what is happening because our disengagement would really not mean a total lack of communication. We should be aware of what’s going on,” he added.

Tolentino, a lawyer who also specializes in public international law, said there was a chance for the ICC to quash any warrant of arrest against individuals who are named in the drug war probe.

“I believe that, considering that this is a split decision, there’s a chance that even if the warrant of arrest is issued, that it can be quashed or set aside by the pre-trial chamber,” said the senator.

The warrant of arrest can be quashed motu propio on the grounds of insufficiency of evidence, he explained.

On Tuesday, the ICC Appeals Chamber denied the appeal of the Philippine government against the resumption of the ICC prosecutor’s investigation into the drug war.

The Chamber, however, said the decision was not on the country’s argument on jurisdiction.

Due to this, Guevarra said the country had “no legal duty to cooperate with the ICC investigation.”

“The ICC is free to proceed with its own investigation but it cannot expect any cooperation from the Philippine government, as we continue to dispute its jurisdiction,” he said.

Former President Rodrigo Duterte and Senator Ronald "Bato" dela Rosa, the chief of the Philippine National Police under the Duterte administration, were both mentioned in the ICC prosecutor’s report on the killings.

Senate President Juan Miguel Zubiri earlier said the Senate would not give up dela Rosa unless there was a local warrant for his arrest. Dela Rosa said he would also protect himself from arrest.

According to dela Rosa, Duterte laughed off the prospect of the ICC continuing its investigation a few days before the appeal was rejected.

During the 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. — DVM, GMA Integrated News