Solgen Guevarra: Gov’t won’t stop CHR from cooperating in ICC probe

The government will not stop the Commission on Human Rights (CHR) from cooperating with the International Criminal Court (ICC) in investigating the alleged crimes against humanity during the illegal drugs war of the administration of former President Rodrigo R. Duterte, Solicitor General Menardo I. Guevarra said on Friday, Dec. 1.

“So if CHR takes that position then so be it. We will not prevent the CHR from performing its mandate under the Constitution," Guevarra said during an interview on CNN Philippines.

He said that "the CHR, under the Constitution, is supposed to be an independent body.”

Amidst calls, including those from legislators, to cooperate in the ICC investigation, Guevarra reiterated the government’s stand that it has “no legal duty or legal obligation to cooperate with the ICC prosecutor.”

“Actually, cooperating despite the absence of a legal duty is a political decision that only the President can make. So it’s up to him,” he stressed. 

“Moreso, if Congress would actually adopt and submit to the President that resolution expressing the sentiment of the House that the Philippines should cooperate,” he added.

On the other hand, Guevarra  admitted this does not stop the ICC from coming to the Philippines.

“For my point of view for as long as there will be no legal activities to be conducted here, that they have the proper travel documents, I do not see any reason why they should be prevented from coming in because they’re going to interview certain persons, gather certain documents, so forth and so on,” he said.

“But then, I will leave that question ultimately to the Department of Justice and the Bureau of Immigration because under our immigration laws there is a wide latitude of discretion on the part of our immigration authorities to admit or not to admit certain persons whom they think may be considered as undesirable,” he pointed out.

The Philippines, upon the orders of then President Duterte in 2018, has already withdrawn as a party state to the Rome Statute which created the ICC.  The withdrawal took effect in 2019.

Guevarra cited the withdrawal as one of the reasons the Philippines raised as to why the ICC no longer has jurisdiction to conduct an investigation.

“So when the ICC prosecutor asked for authorization to commence his investigation he did so in May of 2021, more than two years after our withdrawal from the Rome Statute have taken effect,” he said.

He also explained the withdrawal form the ICC takes effect after one year to give “the opportunity for the ICC prosecutor to commence his investigation bago magtake effect ‘yung withdrawal nung country na ‘yun (before the withdrawal takes effect).

However, Guevarra reminded that the ICC prosecutor “did so more than two years later.”

“And following the ruling in Burundi hindi na uubra (this shouldn’t be allowed.” He said the ICC proceeded with the investigation of Burundi before that country’s withdrawal took effect.

President Marcos had earlier said the proposals to rejoin ICC is under study.