Legislative resolutions ‘nonbinding’ on PH stand on helping ICC – SolGen

Solicitor General Menardo Guevarra. (File photo by MARIANNE BERMUDEZ / Philippine Daily Inquirer)

MANILA, Philippines — Resolutions of the legislative branch of government calling for the government’s cooperation in the investigation of the International Criminal Court (ICC) regarding the Duterte administration’s war on drugs, if adopted, “are nonbinding expressions of their sentiment only.”

Solicitor-General Menardo Guevarra made the statement to reporters following a resolution filed by Sen. Risa Hontiveros calling on the Marcos administration to cooperate with ICC.

She said the ideal way for the Philippine government to uphold human rights is by working with the ICC.

A similar resolution is also pending with the House of Representatives.

“The government has no legal duty to cooperate with the ICC prosecutor in his investigation of the drug war because the ICC can no longer exercise its jurisdiction after the effectivity of the Philippines’ withdrawal from the ICC in 2019 (the prosecutor was authorized to investigate only in 2021). The House resolutions encouraging the government to cooperate, if adopted, are a non-binding expression of their sentiment only,” Guevarra said.

He said rejoining the ICC is different from cooperating.

“Rejoining the ICC is a policy decision that will involve both the executive and legislative departments. This matter needs a very serious study because many factors and competing interests need to be considered,” he said.

Currently, the government maintains that the ICC lost its jurisdiction over the Philippines after the country’s membership withdrawal became official on March 17, 2019.