SG: PH can conduct own drug war probe, no legal obligation to cooperate with ICC

The International Criminal Court (ICC) should allow the Philippines to conduct its own investigation into the controversial anti-drug campaign of the Duterte administration, Solicitor General Menardo Guevarra said on Tuesday.

Guevarra emphasized that while the ICC is investigating possible human rights violations during Duterte's presidency, the Philippine government believes it has no legal obligation to cooperate with the court due to its withdrawal from the Rome Statute in 2018.

The Solicitor General noted that the Philippines understands the mandate of the international court but reiterated that the country's position remains unchanged: the ICC should support the Philippine investigation rather than expecting cooperation from the government.

Guevarra also mentioned reports of ICC personnel entering and exiting the country, but clarified that immigration authorities have not barred them as they understand the mandate of the court.

The Supreme Court previously ruled in 2021 that despite withdrawal from the Rome Statute, the Philippines still has an obligation to cooperate with the ICC regarding acts committed when it was a state party; however, Guevarra asserted that this ruling does not apply and the government is not legally bound to assist.

President Ferdinand 'Bongbong' Marcos Jr. previously stated that the government would not serve any arrest warrant from the ICC against former President Rodrigo Duterte, and continues to consider the tribunal a threat to national sovereignty.