No ICC ruling yet on gov't request vs. drug war probe —OSG

The International Criminal Court (ICC) has yet to rule on the government’s request against the resumption of its investigation into former President Rodrigo Duterte’s war on drugs, the Office of the Solicitor General said Wednesday.

Solicitor General Menardo Guevarra said what was published was ICC Prosecutor Karim Khan’s response to the government’s position on the issue.

“The ICC pre-trial chamber has not ruled on the Philippine government’s request to deny the ICC prosecutor’s motion to resume investigation of the Philippine situation,” Guevarra said in a message to reporters.

A secretary of the Department of Justice during the Duterte administration, Guevarra said regardless of ruling, the government will avail itself of all legal remedies "both domestic and international."

“Regardless of the pre-trial chamber’s ruling, however, the Philippine Government will avail itself of all legal remedies, both domestic and international, even as it vigorously pursues its own investigation and prosecution of crimes committed in relation to the government’s so-called war on drugs, all within the framework of our own legal and judicial system,” he said.

Guevarra's statement was prompted by Khan's statement that the Philippine government’s arguments against the resumption of the ICC probe have no merit.

The Marcos administration previously said the tribunal lacks jurisdiction, the alleged crimes are insufficiently grave to warrant further action, and the government has investigated and prosecuted the alleged crimes or is currently doing so.

According to Guevarra, the OSG is mulling if there is a need to respond to Khan’s remarks.

“The OSG is presently considering whether there is a need to reply to the prosecutor’s response,” he said.

He said the government may also consider engaging the services of a foreign counsel should the need arise.

"The OSG represents the state, but we may consider engaging any foreign counsel as and when the need arises," Guevarra said.

"Should the ICC investigation result in the indictment of individual persons, the latter will have to engage their own respective private counsel to defend themselves," he added.

Last year, the ICC authorized a full investigation into Duterte's drug war, saying it appeared to be an illegitimate and systematic attack on civilians.

The Philippines withdrew from the Rome Statute, which established the ICC, in March 2019. —KBK/VBL, GMA News