Solicitor General Menardo I. Guevarra said the failure of the Appeals Chamber of the International Criminal Court (ICC) to rule on the issue of jurisdiction over the Philippines “is the gaping hole” in the decision to proceed with the probe on past anti-illegal drugs operations.
“This unresolved issue of jurisdiction will be a powerful argument for any person who may be investigated or charged by the ICC,” Guevarra said on Wednesday, July 19.
On Tuesday, July 18, the ICC’s Appeals Chamber – in a 3-2 vote of members – denied the Philippines’ appeal to stop the resumption of the investigation on alleged killings during the illegal drugs operations of then President Rodrigo R. Duterte.
On the issue of jurisdiction, Guevarra said: “The majority (3) did not tackle it, and the minority (2, including the presiding judge) took a strong position that the ICC had already lost jurisdiction over the Philippines when the ICC prosecutor sought to commence his investigation.”
He said that the Philippines “never accepted the court’s jurisdiction, whether expressly or impliedly, as we were very much aware that our withdrawal from the ICC had taken effect in 2019.”
The Philippines withdrew as a state party of the Rome Statute that established the ICC. The withdrawal became effective on March 19, 2019.
“We made it pretty clear that our continued engagement with the ICC was borne out of comity only and a shared commitment to end impunity,” Guevarra said.
In its statement issued on July 18 after the ICC’s Appeals Chamber announced its ruling, the Office of the Solicitor General (OSG) – the government’s law firm – said the Philippines “will not be deterred” by the ruling of the ICC’s Appeals Chamber.
It pointed out: It also said: “The majority decision does not alter the fact that the Republic, through the various national and local agencies, remains fully committed to the internal investigation and prosecution of allegations connected to the anti-illegal drug campaign. The Philippine Government will not be deterred by today’s outcome.”