As a private individual now, former Senator Leila de Lima can participate and assist the International Criminal Court (ICC) in pursuing its investigation into the controversial war on drugs that was launched during the previous Duterte administration.

“(She) is now a private individual and nothing prevents any private person to assist the ICC investigator in pursuing his investigation in the Philippines,” Solicitor General Menardo Guevarra told reporters at the sidelines of the Senate plenary debates on the proposed 2024 national bduget on Friday, November 17.

“So that’s her privilege if she wants to help the ICC,” Guevarra further said.

Guevarra pointed out that since de Lima no longer represents the government, she is entitled to assist in the ICC’s investigation. But the ICC should not expect the Philippine government to cooperate with their probe.

“The President has made a statement before: a policy statement, that since the issue of jurisdiction has not been settled, therefore, the Philippine government has no obligation or duty to cooperate,” he said.

“But any other person, private or otherwise, may assist the prosecutor if they wish to do so. Nothing prevents the prosecutor, he can conduct his investigation anyway he wants,” added Guevarra.

“The only problem is wag siyang mag (he should not) expect any cooperation –direct and actual cooperation—from the government because the Republic of the Philippines has maintained its question of jurisdiction, the exercise of jurisdiction by the ICC.

“Yan ang lagi kong pinopoint out (I’ve always been pointing that out). If we allow the ICC to do the investigation here, we are admitting, as a people, that our own legal and judicial system is not effective. Are we ready to do that? That is my question,” he stressed.

The Office of the Solicitor General (OSG), he said, just wants to impress upon the international community that the Philippines’ legal domestic and judicial system is functioning.

“While it may not be expeditious, the fact is we are doing it. So what is the reason for an international foreign entity to take over? In a way, that’s a slap on our face. It’s an admission that somebody sayst that the ICC should take over the investigation. It is an indirect way of saying that our legal and judicial system is not effective,” Guevarra reasoned out.