ICC can issue arrest warrant; enforcement another matter —SolGen

The International Criminal Court (ICC) may issue a warrant of arrest against officials of the Philippine government, but its enforcement is another matter, Solicitor General Menardo Guevarra said Thursday.

“The ICC may issue a warrant, but its enforcement in Philippines territory is another matter,” Guevarra told GMA News Online.

“That is why the cooperation of the Philippine government is crucial,” he added.

According to Guevarra, the issuance of a warrant is based on the ICC pre-trial chamber’s assessment on the existence of a reasonable ground that a person has committed a crime. 

He said the ICC prosecutor must investigate evidence that is both “incriminating and exonerating.”

“In other words, his investigation must be free from bias and prejudice; otherwise, it is insufficient for the issuance of a warrant,” Guevarra said.

The Solicitor General issued the remark when asked if the ICC may issue an arrest warrant against Vice President Sara Duterte and other Philippine officials.

Former Davao Senior Police Officer Arturo "Arthur" Lascañas, an alleged member of the original Davao Death Squad (DDS), recently accused the Vice President of orchestrating “Oplan Tokhang” in Davao City during her stint as mayor in 2012.

He said he submitted a 186-page affidavit to the ICC which contains information on the alleged killings perpetrated by former President Rodrigo Duterte and the involvement of his daughter Sara in the extrajudicial killings in Davao City. 

For her part, the Vice President previously said she will only face any accusations linking her to the DDS before a Philippine court, pointing out that it was only when she was elected to the second highest ranking position that her name was linked to the controversial group.

Amid this, Guevarra said the government’s legal position on non-cooperation with the ICC has not changed. 

“It is not affected by the winds of politics,” he said.

"Confusing"

Meanwhile, Senator Imee Marcos on Thursday asked the DOJ to echo President Ferdinand "Bongbong" Marcos Jr.'s stand on the ICC.

The President's sister believes the DOJ's message has become "confusing."

"With the ICC, let's have the DOJ and all their employees, undersecretaries, and what have you, echo the president's message that there should be an end to this. This should be clear," Senator Marcos said in an ANC interview when asked about her message to her younger brother.

"I am confused by the stand of the administration. The president says 100 percent 'no.' The DOJ says, 'well, if they come, we'll entertain them' or 'they're just here... as observers.' Ano 'yon?" asked Senator Marcos.

"Parang turistang namasyal pero iniinterview and mga testigo? Nalalabuan ako e. Gusto ko talaga marinig kung ano e," she added.

The DOJ, however, maintained that it has not changed its stance.

The DOJ previously stressed that foreign entities must first obtain the approval of several government agencies before conducting official activities within the Philippines.

in 2019, the Philippines, under then-President Duterte, withdrew from the Rome Statute, the treaty that established the ICC, after the tribunal began a probe into the drug war, followed by a formal inquiry in September 2021. 

Though President Ferdinand Marcos Jr. stated in November 2023 that returning to the ICC’s fold is under study, he recently stated that  ICC is a threat to Philippine sovereignty. He also reiterated that he does not recognize the ICC's jurisdiction over the country.—AOL, GMA Integrated News