ICC has options in drug war probe - Solgen Guevarra

To sum up:

+ Non-cooperation with ICC: SolGen Guevarra reaffirmed that the government will not cooperate with the ICC's drug war probe but acknowledged various options for interviews.

+ Immigration discretion: The Bureau of Immigration has the discretion to allow or deny ICC investigators' entry based on interviews.

+ Arrest warrants: Without government cooperation, ICC arrest warrants cannot be enforced.

Metro Manila, Philippines— The top government lawyer said the International Criminal Court (ICC) has a number of options in probing the bloody drug war of the Duterte administration.

In an interview with NewsWatch Plus, Solicitor General Menardo Guevarra said the government cannot stop ICC investigators from speaking to persons involved in the drug war probe.

Guevarra confirmed that the government has received a communication from the ICC on July 5, asking the latter to facilitate interviews for five people under suspicion in the war on drugs of the Duterte administration.

He, however, refused to confirm if the individuals were the ones listed in a confidential document released by former Senator Antonio Trillanes.

“Personal call nila iyan. Ang interview maaring gawin sa iba’t ibang pamamaraan, may email, may internet, pwedeng tawagan sa phone pwedeng magkita sa labas. Or pwede rin gumamit ang ICC prosecutor ng mga grupo na sympathetic sa ICC, pwedeng human rights groups etc. maraming paraan naman,” said Guevarra.

Translation: It's their personal call. Interviews can be conducted in various ways—through email, the internet, phone calls, or face-to-face meetings. The ICC prosecutor can also use groups sympathetic to the ICC, such as human rights organizations, among others. There are many ways

Guevarra noted that allowing ICC investigators to enter the country will be a different matter.

“Kasi ang may discretion diyan ay ang Bureau of Immigration which is under the Department of Justice. Kung patutuluyin ba nila rito para dito makapag-interview, call na nila iyan. Kasi pwedeng sabihin ng Bureau of Immigration na we consider you is undesirable because what you intend to do is something the Philippine government is doing. Pwede rin naman nila patuluyin kasi ang sasabihin nila ay kakausapin lang naman kayo ng tao, what’s wrong with that,” said Guevarra.

Translation: Because the discretion lies with the Bureau of Immigration, which is under the Department of Justice. Whether they will allow them to enter for the interview is their call. The Bureau of Immigration can say, 'We consider you undesirable because what you intend to do is something the Philippine government is already doing.' On the other hand, they could also allow them entry, reasoning that 'you’re just going to talk to people, what’s wrong with that

Guevarra also refuted the statement made by former presidential spokesperson Harry Roque stating that the Marcos administration is backtracking from its previous stand in the ICC probe.

“That is definitely not true, maliwanag naman ang sinasabi ng Philippine government there is no legal duty to cooperate kaya hindi mag cooperate,” said Guevarra.

ICC issuing warrant of arrest scenario

Guevarra said that enforcement of the arrest warrant from the ICC will be the next challenge if the Philippine government’s position will not change.

“Dahil wala namang sariling law enforcement unit ang ICC aasa talaga sila sa Philippine government para ang arrest warrant ay ma-serve sa persons concerned. If the position of the government is we will not cooperate with you then ang arrest warrant ay hindi gagalaw,” said Guevarra.

Translation: Since the ICC does not have its own law enforcement unit, they will really rely on the Philippine government to serve the arrest warrant to the persons concerned. If the position of the government is that we will not cooperate with you, then the arrest warrant will not be executed

“Kumbaga mananatili sa mesa lang iyan o isasauli sa ICC dahil hindi pumapayag ang government na i-serve ang warrant of arrest kung hindi magbabago ang policy ng ating pangulo,” he added.

Translation: In other words, it will just remain on the table or be returned to the ICC because the government does not agree to serve the warrant of arrest if the policy of our president does not change

The Philippines disengaged from the ICC by withdrawing from the Rome Statute, the treaty that created the ICC, in 2019.