SolGen Guevarra: Marcos has final say on ICC drug war probe cooperation

President Ferdinand "Bongbong" Marcos Jr. has the final say on whether or not the Philippine government will cooperate with the International Criminal Court's (ICC) investigation into the drug war deaths during the Duterte administration, Solicitor General Menardo Guevarra said Wednesday.

Guevarra, who served as Justice chief during the Duterte administration, made the comments when asked how the President would respond in the event that the House and Senate adopt the resolutions urging the government to cooperate with ICC probe.

“Your resolutions urge the President to cooperate, but the final say of whether in fact the government will cooperate will be with the President,” Guevarra said during a House deliberation.

“Yours is an expression of sentiment. That is who you feel about it. [But] it depends on the final decision of the President, whether he will grant your request. Nasa kanya po iyon,” he added.

Guevarra, during the same hearing, reiterated that the Philippine government has no legal obligation to cooperate with ICC since the court's Pre-Trial Chamber only granted the prosecutor’s request to conduct preliminary investigation in September 2021, or more than two years since the country's withdrawal from the ICC took effect in March 2019 or a year after it notified ICC of its withdrawal.

“The trigger of exercise of [ICC] jurisdiction came much too late,” Guevarra pointed out.

“We have no legal duty to cooperate,” he added.

Guevarra, however, also said that the President’s word on ICC cooperation will reign supreme and it is a political decision.

“The President has said we cannot give our cooperation with the ICC prosecutor several times, but if he will think twice because of these resolutions, siya  po ang magde-decide ‘nun (It is ultimately his decision),” he said.

The ICC Appeals Chamber denied in July the Philippine government’s appeal to stop the investigation on the drug war killings due to the Philippine government’s failure to prove that a legitimate investigation and the prosecution of perpetrators are being undertaken by local authorities.

At least 6,200 suspects were killed in police operations during the drug war based on Philippine government records. Human rights groups, however, claimed the actual death toll could be from 12,000 to 30,000.

Marcos earlier said that the Philippine government is done talking with the ICC. But just recently he said the country's possible return to ICC fold is under study. —KBK, GMA Integrated News